There is not a set standard for how long a wrongful death claim takes to settle in Los Angeles. Every case is unique and can take months or years. Unfortunately, there is not an appropriate guess as to how long it will take since specific factors can greatly change the length of time it takes to settle a case.
There are things that you can do to shorten how long it takes to settle a wrongful death case. The sooner you file the lawsuit with the court, the sooner you can get a trial date. This also means that the other party may offer you or accept a settlement agreement sooner. The sooner you start the process, the sooner it may end.
Criteria for Wrongful Death
According to the California Code of Civil Procedure (CCP) §377.60, wrongful death cases come from the death of a person caused by neglect or a wrongful act. Not every accidental death qualifies as wrongful death. There has to be some type of neglect or intent that is clearly defined and leads to the death of your loved one. Consult a lawyer’s office if you are not sure if your case is viable.
Statute of Limitations
The statute of limitations gives you only a certain amount of time to file a civil lawsuit after you have been injured or killed. Otherwise, you will not be able to file a claim against the responsible party. In wrongful death cases, it is almost always family members that file legal action against the person or company responsible for what happened. The statute of limitations starts the day of the accident.
According to CCP §335.1, you have two years to file a wrongful death claim in California. This seems like a lot of time, but it goes by very quickly when you are managing the early stages of grief and trying to get your life back to a new normal. It is best to speak with a wrongful death lawyer as soon as you can to start the process or at least learn more about it. Should you decide that you want to pursue legal action, it can be helpful to have your questions answered and to find a wrongful death lawyer that you like available to help you.
Potential Compensation
When you win your lawsuit or your claim is accepted, you can collect financial compensation from the government. The amount that you are awarded depends on your situation. However, you could potentially collect all of the compensation that you asked for. In some cases, the liable party may offer you a settlement agreement to help resolve the case quickly. You could accept it or try to renegotiate it with the help of your lawyer.
There are many types of compensation that you can ask for in your case. These types of compensation can include:
- Medical expenses: You can file claims for medical expenses under the personal injury statute. This can include emergency care right after the incident as well as ongoing care by your physician or specialist. As long as your lawyer can show that the care is related to your recovery, you should be able to include it in the lawsuit.
- Property damage: If any of your personal property, such as your cell phone or purse, were damaged in the accident, you can file a claim to recover the cost of having them repaired or replaced.
- Lost wages: If you have to miss work because of your injury, you may be able to claim those lost wages in the lawsuit.
- Pain and suffering: There is a special type of compensation called pain and suffering, which is awarded based on the emotional and mental impact of your injuries. If it has been particularly dramatic in a demonstrable way, you may be awarded compensation that is several times the other types of compensation.
There may be other types of compensation that are not covered on this list. Every case is different with a different set of expenses and compensation claims, making it difficult to determine how much you can expect to receive at the end of your lawsuit. However, it is important to make sure that you identify and claim as many expenses as possible. The more you can include, but close he will be to fully prepare your finances once you collect compensation.
Contact Us for a No-Risk Consultation
If you are considering filing a wrongful death claim, it is a good idea to start the process as soon as possible before your expenses build up. The amount of time that a wrongful death claim takes to settle in Los Angeles depends on a large number of factors, many of which you do not have any control over. Contact us at Pintas & Mullins Law Firm at (800) 223-5115 to discuss how long similar cases took to settle and more about what you can expect from the legal process.