How long does it take to settle wrongful death claims?

Catastrophic Injury/Wrongful Death - March 29, 2022

Family members who have lost a loved one as a result of the careless or negligent actions of someone else should be able to recover compensation for their losses.

However, wrongful death claims in Illinois can become incredibly complicated. This is particularly true when it comes to dealing with insurance carriers and legal teams for the at-fault party. Here, we want to discuss how long it can take for a wrongful death claim to settle in Illinois.

A settlement could be the faster route, but at what expense?

First, it is important to point out that there is no set time frame for how long a wrongful death claim in Illinois will last. The reality is that no two wrongful death cases are exactly alike. Just because you may have heard about a wrongful death case resolving in a few months does not mean that will happen every time. In fact, sometimes, it can take years for wrongful death cases to resolve.

The vast majority of wrongful death cases will end up being resolved through settlements with insurance carriers. Cases resolved through a settlement with insurance carriers typically end faster than cases that go all the way to a wrongful death lawsuit. However, settlement negotiations can take months or even years to resolve, so there is no guarantee of a quick resolution when working with insurance carriers.

Often, insurance carriers offer initial settlements that are far below what the estate and family members should actually receive for their claim. Initial settlement offers have to be seen as starting points for a more lengthy negotiation in order to secure a higher compensation amount.

Going to trial could extend the time frame

In the event, an insurance carrier refuses to offer a fair settlement for an Illinois wrongful death case, or if they deny the claim altogether, the estate and family may have to file a wrongful death lawsuit against the at-fault party.

When a wrongful death lawsuit is filed in civil court, this will almost certainly increase the amount of time it takes for the case to be resolved. It is not uncommon for wrongful death lawsuits in Illinois to last for years. This can be challenging for family members, particularly if they are going through financial difficulty due to the loss of life.

However, a wrongful death lawsuit may be the only way to secure the amount of compensation that the family members actually deserve. Often, going through the lawsuit process is the best way to get the insurance carriers to hand over a higher compensation amount.

If you have lost somebody that you love as a result of the wrongful actions of another individual or entity in Illinois, you need to speak to an attorney immediately. A wrongful death lawyer can examine every aspect of your case and handle the entire claim, regardless of whether or not the issue is resolved through an insurance settlement or at trial.

Let a skilled Illinois personal injury lawyer help

A Chicago personal injury attorney can use their resources to investigate the incident, gather the evidence needed to prove liability, and handle all communication with insurance carriers and other parties involved. Contact us today.