When you’ve lost a loved one, just navigating daily life can feel like a challenge. When your loved one’s death was the direct result of someone else’s action or failure to act, your grief may be even more intense. If you’re like many people, you might think there’s no point in filing a wrongful death lawsuit — after all, money can’t bring your loved one back. While that is true, a wrongful death settlement can give you the financial support and stability you need while grieving. But unfortunately, if you are eligible for compensation, you can’t get that money right away. How long does it take to settle wrongful death claims in Maryland? Here’s a closer look.
A wrongful death settlement can support you as you grieve your loss and adjust to life without your loved one.
The Wrongful Death Settlement Timeline
Many clients wonder how long settling their wrongful death claim will take. Unfortunately, without knowing anything about your specific case, it’s impossible to say how long it will take to be resolved. Most cases take anywhere from several months to two years to settle. There are many different factors that influence the settlement timeline:
The At-Fault Party’s Insurance Coverage
If the at-fault party has enough insurance coverage, they are more likely to settle quickly. Insurers usually want to avoid going to trial because of the financial and time commitment. However, negotiations tend to take longer if the at-fault party has limited coverage.
If the person at fault has no insurance coverage, the process may take longer. For example, if your loved one is killed by an uninsured driver, your lawyer may need to investigate the at-fault driver to determine whether the best course of action is to directly pursue the driver for damages.
The Complexity of Your Case
Complexity is one of the most important factors when it comes to determining how long settling your case will take. For instance, if your loved one was hit by a speeding, texting driver and died on the scene, determining the at-fault party and the cause of death is simple. As a result, you would be more likely to receive compensation sooner.
Now suppose that your loved one is hit by a speeding, texting driver but does not die on the scene. Instead, they are transported to a hospital, where a doctor fails to notice internal bleeding. Your loved one dies as a result. Liability is not clear in this case. Is the driver responsible for your loved one’s death? The doctor? Both? This is a complex legal question, and as a result, this case would likely take a long time to finalize.
How Willing the Other Party Is to Settle
Most wrongful death cases are settled out of court. However, in order to settle, your legal team and the other side’s legal team must agree on a fair settlement amount. Unfortunately, the top priority of any insurer is paying as little as possible. Many insurance companies will deliberately delay negotiations in hopes that you will accept a low offer because you’re suffering financial hardship.
In rare cases, reaching a settlement agreement might prove to be impossible, and the case may go to trial. The trial itself is often a drawn-out process that can significantly delay any payment you receive. It can also be a gamble. If you win your case at trial, the verdict you receive is likely to be more than you would have gotten in a settlement. However, there’s also a chance that you will lose your case and walk away with nothing.
When it comes to choosing your wrongful death attorney, you need a skilled negotiator. Call Steven H. Heisler at (410) 625-4878 to schedule your free consultation today.
How Long the Investigation Takes
In many ways, the process of investigating a wrongful death is similar to that of a criminal investigation. To establish a case against the responsible party, your attorney might need to gather many kinds of evidence:
- Police reports
- Medical records
- Expert opinions
- Witness statements
- Photos or CCTV footage of the accident scene
- Background information on the person responsible.
Depending on the exact nature of your case, they may need to gather other evidence, too. An investigation can delay compensation, but it’s a worthy trade-off — it also increases your chances of winning your case.
How Long Do You Have to File a Wrongful Death Claim in Maryland?
Always Contact an Attorney as Soon as Possible
The overall timeline of your wrongful death case can also be impacted by when you filed the wrongful death lawsuit. In Maryland, if a wrongful death happened due to injury, you have three years from the date of the deceased’s death to file a claim.
If your loved one’s death came from an “occupational disease,” the statute of limitations gets a little more complicated. In this case, the statute of limitations is the shorter of these two:
- Within 10 years of your loved one’s death
- Within three years of the discovery of the cause of death.
Even though the statute of limitations gives you a few years to file a claim, you shouldn’t wait until the last minute. It takes time for your attorney to build a convincing case, and the more convincing the case against the responsible party, the more likely your case is to be settled quickly.
Have You Lost a Loved One Because of Another Person’s Negligence?
Steven H. Heisler Is Ready to Fight for You
You know that seeking compensation isn’t going to bring your loved one back. However, filing a wrongful death claim can accomplish two other objectives: holding the responsible party (or parties) accountable and giving you financial support through the grieving process. Attorney Steven H. Heisler was a fighter in the boxing ring before he became an attorney. Now, he fights for the rights of injured people and those who have lost loved ones to negligence. Steve has recovered millions for his clients, and he may be able to help you, too.
Has your loved one lost their life because of another person’s actions or failure to act? Call Steven H. Heisler at (410) 625-4878 to book your free consultation today.