Losing a loved one in an accident is one of the greatest tragedies one can experience. If this describes you, you may be entitled to file a wrongful death lawsuit in Geneva, IL to seek damages for your loved one’s financial losses and your own loss of support.
However, Geneva wrongful death claims can take time to resolve. There is no default timeline for such cases; the length depends on the unique facts and circumstances of your case. Some claims resolve within months through settlement negotiations. Others can take several years, particularly if they proceed to trial.
Factors That Affect the Timeline of Your Case
Several factors influence how long a wrongful death lawsuit may take in Illinois.
1. The Complexity of the Case
Wrongful death cases typically require extensive investigation and evidence. However, cases involving clear liability may resolve more quickly than those involving shared fault. When there is one liable party, they or their insurance company may be more prompt in offering a settlement to account for your damages.
Cases involving complex injuries or disputed faults may take longer to investigate and prove comparative negligence. It can take time to identify each liable party and gather enough evidence to establish your case; your lawyer must review accident reports, obtaining medical records, interview witnesses, consult with experts, and analyze financial losses.
2. Insurance Company Cooperation
In some cases, insurance companies are willing to negotiate a fair settlement that fully accounts for your losses. In others, they may dispute liability or attempt to minimize the value of the claim. If negotiations stall, you may need to initiate a lawsuit to recover compensation for your loved one’s death. Claims that proceed to court generally have the longest timelines.
3. Court Schedules
Once you initiate a lawsuit, the case enters the court system. This process may involve discovery, hearings, depositions, motions, jury selection, and trial. Each of these stages can be lengthy, and delays are not uncommon (particularly in larger counties with busy dockets).
4. Discovery and Pre-Trial Motions
During litigation, both sides exchange evidence in a process known as discovery. This phase may involve written questions, document requests, depositions, and expert reports. Either side may also file motions asking the court to rule on certain legal issues. Discovery can take many months and sometimes more than a year, depending on the complexity of the case.
5. Settlement vs. Trial
Many wrongful death cases settle before reaching trial. Settlement can occur at any point in the process, even shortly before a scheduled trial date. If the case proceeds to trial, it will require additional time for preparation, jury selection, and presentation of evidence. Trials can last days or weeks, and appeals may extend the timeline further.
Contact an Illinois Wrongful Death Lawyer for Help
No attorney can promise a specific timeline. However, an experienced Illinois wrongful death lawyer can help you understand how long your case might take. They will also guide you through each stage of the process and work to resolve your case as efficiently as possible.
A skilled wrongful death attorney in Geneva, IL will handle the investigation, communicate with insurers, manage court filings, and advocate for full compensation on your family’s behalf. Most importantly, having legal representation allows you to focus on healing while your lawyer handles the legal aspects of your claim.
If you have lost a loved one due to negligence, contact an Geneva wrongful death attorney at Feagans Law Group today to discuss your options and protect your family’s rights. Schedule your free consultation.