Following the sudden and tragic loss of a loved one due to negligence, the legal process is likely the last thing you want to focus on. However, understanding the typical timeline for a wrongful death lawsuit can help manage expectations and provide a sense of structure during a chaotic time.
It’s important to know that every case is unique, but here is a typical progression of a wrongful death lawsuit in the United States, from investigation to resolution.
Phase 1: Investigation and Filing (1–6 Months)
This initial stage is the critical foundation of your case, often consuming the most legal time upfront.
- Initial Consultation & Investigation: The attorney meets with the family, reviews the circumstances of the death, and gathers initial documents (death certificates, accident reports, etc.). The firm’s investigators immediately begin collecting and preserving evidence.
- Estate Establishment: A wrongful death lawsuit is technically filed by the deceased person’s estate. The attorney must work with the family to establish the estate and appoint a representative who can legally act on its behalf.
- Filing the Complaint: Once the investigation is substantially complete, the attorney files the formal complaint (the lawsuit) with the appropriate court, formally naming the defendants.
⚠️ Crucial Deadline: The Statute of Limitations (which varies by state) dictates the absolute deadline for filing. Missing this window means forfeiting your right to sue.
Phase 2: Discovery (6–18+ Months)
This is the longest and most intensive part of the litigation process, where both sides gather evidence.
- Interrogatories: Written questions sent by each side to the other, requiring written answers under oath.
- Requests for Production of Documents (RFPs): Demands for critical evidence, such as medical records, financial reports, maintenance logs, employment files, and internal communications.
- Depositions: Oral testimony taken under oath outside of court. The attorney questions witnesses, experts, and defendants to gather facts and assess their credibility.
- Expert Witness Retention: Your attorney hires experts (accident reconstructionists, economists, medical specialists) to build technical arguments and calculate the full value of the economic and non-economic damages.
Phase 3: Mediation and Negotiation (Ongoing)
Settlement negotiations can occur at any point, but they often intensify after the Discovery phase is complete and both sides know the full strength (and weakness) of their respective cases.
- Mediation: Often mandatory, this is a formal session where a neutral third-party mediator helps both sides try to reach a compromise. Mediation is frequently the point where most cases resolve.
- Settlement Negotiations: The attorneys continue to negotiate privately, leveraging the evidence gathered during Discovery.
Phase 4: Trial (If Necessary) (1–4 Weeks)
If a satisfactory settlement cannot be reached, the case proceeds to trial.
- Trial Preparation: Attorneys prepare witnesses, final exhibits, opening and closing statements, and jury instructions.
- Trial: The jury is selected, evidence is presented, and witnesses testify. The jury deliberates and returns a verdict.
- Verdict and Appeals: If the verdict favors the plaintiff, the defendant may appeal, which can add significant time (often a year or more) to the final resolution.
Total Timeline Snapshot
While simple cases can resolve in 12–18 months, complex wrongful death cases involving multiple defendants, severe injuries, and large financial damages—especially those that go to trial or involve complex medical malpractice—can easily take 2 to 4 years or more to fully conclude.
Your attorney’s role is to keep the case moving efficiently while ensuring every legal opportunity is explored to achieve maximum compensation.
