Settling Wrongful Death Claims: Factors Affecting Duration and Legal Considerations

The length of time it takes to settle a wrongful death claim can vary widely, depending on numerous factors, including the specific circumstances of the case, the applicable laws in the jurisdiction, and the legal strategies employed by all parties involved. Understanding these factors is crucial, especially for individuals and families who are seeking justice and closure after the untimely loss of a loved one.

Factors Influencing Settlement Duration

1. Legal Impact and Adversity

The legal landscape surrounding wrongful death cases can be complex and highly individualized, particularly in jurisdictions with unique legal requirements. For instance, cases involving minors, such as the Kyle Rittenhouse shooting, may face additional scrutiny. Rittenhouse was only 17 years old when the incident occurred, and this age raised several legal questions and considerations. These cases often involve a review of youth-specific laws, emancipation, and the legal responsibilities of minors.

2. Statute of Limitations

Each state has its own statute of limitations for filing wrongful death lawsuits, which can range from one to six years. Violating this time frame can result in the case not being heard in court. Additionally, there may be other specific limitations or exceptions, such as the rule outlined in Wisconsin, which only allows wrongful death lawsuits to be filed in certain months of the year, specifically February and June, except during leap years.

3. Complexity of the Case

The complexity of a wrongful death case can significantly impact the settlement duration. For example, if the case involves intricate legal issues surrounding the accident, extensive medical records, or corporate malfeasance, the timeline for resolution may stretch out over a longer period. Each piece of evidence must be thoroughly examined, and expert testimonies and legal motions may be required, often lengthening the process.

Fighting the System: How Lawyers Can Slow Down Settlements

Lawyers representing the company or liable party often have the primary goal of stretching out the legal proceedings for as long as possible. This can be done through various means, including:

Delayed Discovery: Extending discovery periods to gather more evidence, which can prolong the process. Contested Liability: Arguing that the plaintiff bears some responsibility for the incident, which can lead to protracted legal battles. Expert Testimonies: Hiring and questioning expert witnesses to provide conflicting opinions, thus delaying the resolution. Litigation Techniques: Utilizing procedural aspects of the law to delay the case, such as filing multiple appeals.

These tactics can lead to thousands of legal papers being filed, motions being heard, and numerous court hearings taking place, all of which can dramatically extend the timeline of a wrongful death settlement.

Case Studies: Prolonged Settlements and Their Outcomes

Case Study 1: Delay Tactics in High-Profile Cases

One notable example of prolonged settlement negotiations is the case of J. D. Haepher, Jr. v. Volkswagen. The case, involving fatal vehicle accidents attributed to faulty airbags, ultimately settled three years after it was initially filed, in 2017. During this protracted period, Volkswagen hired top-notch legal teams to contest the events surrounding the accidents, thereby dragging out the proceedings.

Case Study 2: The Rittenhouse Case

The Kyle Rittenhouse case is another example of how legal complexities can affect settlement duration. The incident, which occurred in 2020, involved charges of murder and civil rights violations. The case entered the legal system with numerous complications, including the legal status of a minor involved, and it was further complicated by the state's unique laws regarding wrongful death claims. The case took several years to resolve, with significant legal and ethical debates arising throughout the process.

Conclusion

The duration of a wrongful death claim can be influenced by a variety of factors, including legal regulations, the complexity of the case, and the tactics employed by defense attorneys. While settlement negotiations can sometimes take years, it is important to remember that a fair and just resolution is often a primary goal. Seeking legal advice and understanding the specific circumstances of your case can help you navigate this challenging period and ensure that you receive the compensation and support you deserve.