How Long Does a Wrongful Death Lawsuit Take?
Seeking justice for a wrongful death can be emotionally taxing. Since 1980, Whit A. Thomas, Attorney at Law has been helping families pursue justice and fair compensation. Located in Foley, Alabama, we serve communities throughout the state, including Baldwin County, Escambia County, Mobile County, and Monroe County.
If you've lost a loved one and are considering legal action, you might want to consider a wrongful death lawsuit. The time frame can range from months to several years, depending on factors such as liability disputes, court schedules, and the complexity of the case.
Since Alabama laws can be complicated, having experienced legal representation makes all the difference. Here's what you can expect during your case.
What Is a Wrongful Death Case?
Wrongful death occurs when the negligence, recklessness, or intentional actions of another party result in someone’s death. A wrongful death lawsuit seeks to hold the responsible party accountable and allow the deceased’s family to recover compensation.
Unlike personal injury claims, wrongful death lawsuits can’t be initiated by just anyone. Alabama law limits who can bring a wrongful death claim to the personal representative of the deceased’s estate.
Factors That Affect How Long a Wrongful Death Case Takes
Each wrongful death case is unique, making it difficult to predict exactly how long the process will take. However, several key factors can impact the timeline:
1. Investigation
Once a wrongful death attorney takes on your case, they will start with an investigation. This involves gathering evidence, identifying witnesses, and assessing liability. Accidents often require detailed investigations to reconstruct what happened.
For example, securing records from law enforcement or obtaining expert testimony may take time. The complexity of the accident—whether it is a car crash, medical malpractice, or workplace injury—dictates how long the investigation phase will last.
2. Filing the Lawsuit
After thorough preparation, your lawyer will file a wrongful death lawsuit in the appropriate court. According to Alabama’s statute of limitations, these claims must typically be filed within two years of the date of death. Failure to file within this time frame will result in the inability to pursue the case.
3. Discovery Phase
During discovery, both parties exchange documents, evidence, and information. Depositions (sworn testimonies taken outside of court) may also occur. This phase can be lengthy, especially if there are disputes over what evidence must be shared.
4. Settlement Negotiations
Many wrongful death cases are resolved through settlements rather than going to trial. Negotiations may begin once sufficient evidence is gathered. While settlements can shorten the overall timeline, arriving at a fair agreement often requires extensive back-and-forth between the parties involved.
5. Trial
If a settlement cannot be reached, the case will go to trial. Trial preparation, scheduling, and proceedings can take months or longer, depending on court availability and case complexity. Whit A. Thomas, Attorney at Law has decades of experience in trial advocacy, representing families in Alabama courts.
6. Appeals Process
If the trial results in a verdict, either party may choose to appeal the decision. The appeals process can extend the timeline significantly, as it involves additional legal procedures and reviews by higher courts.
The length of time for an appeal varies based on the complexity of the arguments and the court's schedule. It is important to be prepared for this possibility, as appeals can impact both the outcome and duration of a wrongful death case.
Alabama Laws Governing Wrongful Death Cases
Understanding Alabama law is helpful in wrongful death lawsuits, as state guidelines may differ from other jurisdictions. Some critical regulations you should be aware of include:
Who can file: Only the personal representative of the deceased’s estate can file a wrongful death lawsuit in Alabama. This person is appointed through probate court and represents the interest of surviving family members and beneficiaries.
Damages: Alabama only allows for punitive damages in wrongful death cases. This means compensation is not intended to cover losses like medical expenses or lost wages but instead serves to punish the wrongdoer and deter similar actions in the future.
Statute of limitations: Wrongful death cases in Alabama must generally be filed within two years of the date of death. However, certain exceptions may extend or shorten this time frame.
Comparative fault: Alabama follows a standard of contributory negligence. This means that if the deceased is found to have contributed to the accident in any way, the case may be barred entirely.
Breach of duty: Establishing a wrongful death claim requires proving that the defendant had a duty to the deceased and that duty was breached. This is important in showing negligence or misconduct, which is necessary for the lawsuit to proceed successfully.
No cap on punitive damages: Unlike other states, Alabama does not impose a cap on punitive damages in wrongful death cases. This allows plaintiffs to seek substantial financial penalties against the responsible party.
Wrongful Death Attorney Serving Baldwin County, Alabama
For over four decades, Whit A. Thomas has represented countless families throughout Alabama in their fight for justice after wrongful deaths. His deep understanding of Alabama’s wrongful death laws allows him to pursue compensation with diligence and professionalism.
If you’re seeking a wrongful death lawyer in Baldwin County, our firm is here for you. Call us today or contact us online for a free consultation. Don’t wait to seek justice for your loved one.