How Long Does a Wrongful Death Lawsuit Take in Houston?
Average Timeline for Wrongful Death Cases in Houston
If you’re asking ‘How long does a wrongful death lawsuit take in Houston,’ the answer depends on several factors. Generally, a wrongful death lawsuit in Houston takes between one to two years from filing to resolution, excluding appeals. However, cases with disputed liability, complex medical issues, or insufficient insurance can take significantly longer.
At Baumgartner Law Firm, our Houston wrongful death attorneys have been helping families navigate these difficult cases for over 40 years—with an undefeated record. Call us at (281) 587-1111 for a free consultation.
Factors That Affect How Long a Wrongful Death Lawsuit Takes
Discovery Process Timeline
Most wrongful death cases start in litigation unless the insurance coverage is inadequate. Lawsuits are filed because the damages are significant. Insurance companies fight to pay as little as possible. Once a wrongful death has occurred, those who may be responsible typically conduct an investigation. Getting a good lawyer to investigate a wrongful death suit and explore wrongful death settlements is an important step toward civil justice.
Case Complexity and Disputed Liability
Disputed liability lawsuits can usually take longer to settle, and the chances of going to trial are greater. Texas uses a comparative responsibility system for wrongful death cases. Partial fault on the part of the decedent will impact the settlement value or the amount of a jury award.
Lawsuits Sometimes are Required to Get Fair Compensation
Many wrongful death cases require a lawsuit to get maximum compensation for your loss. If minor children are left behind, a lawsuit will be filed even if the case can be settled.
Unfortunately, Harris County, Texas, has a court backlog that makes it more difficult to obtain a speedy trial.
Mediation and Settlement Negotiations
One of the most significant considerations in determining the length of a case is the defendant’s response to a settlement offer from the family. Many cases are settled at mediation or after mediation but before trial.
Personal injury or wrongful death settlements always require expertise. A wrongful death lawsuit can become very contentious, and the best wrongful death attorneys are required.
Mediation is usually conducted after the completion of discovery, and all parties are aware of each other’s positions. Discovery involves providing written answers to questions, producing documents for the opposing side, and taking depositions of witnesses, family members, and defendants.
To settle wrongful death claims for fair value is an art, not a science. Wrongful death cases can involve millions of dollars and are much more involved than funeral or burial expenses or lost wages to the family.
Call an UNDEFEATED Wrongful Death LAWYER IN HOUSTON FOR HELP!
Trial Preparation for a Wrongful Death Lawsuit is Time-Consuming
Because the damages associated with losing a family member are significant, the preparation for the trial is always more detailed. Insurance companies want to explore every escape avenue before spending substantial money. The family also wants to develop their case through their attorneys to be prepared for trial.
“The best way to settle your case is to be ready for trial.”
Wrongful death lawyer Greg Baumgartner
Families have trusted our law firm after fatal accidents for over thirty-eight years.
Backlog of Civil Cases in Houston
Another factor is the backlog of cases that Houston judges face. Harris County judges have worked hard and tirelessly to move their caseload but have been hampered by shutdowns of parking facilities due to flooding and, recently, the virus.
The backlog is like standing in line to have your day in court. If the line is not moving or moving slowly, there’s not much you can do to get a trial until those in front of you get their date in court.
A personal injury or wrongful death case can take much longer than most expect to get fair compensation.
How to Speed Up Your Wrongful Death Settlement
A settlement can happen at any time. Some wrongful death lawsuits can take years, and other wrongful death claims can be settled in months. If a wrongful death suit is filed, a settlement may occur at some point before trial. Getting an experienced wrongful death lawyer is recommended to speed up settling wrongful death claims.
Surviving Spouse and Family Members Should Act Quickly
Surviving family members should act quickly to retain a Houston wrongful death lawyer to get vital evidence after a fatal accident. It is a time of great stress when acting to protect your rights must be done.
Acting promptly can enhance your chances of winning a wrongful death lawsuit.
Wrongful death cases, even more so than personal injury lawsuits, require investigation, especially if the deceased died instantly and can’t tell their side of the story. Wrongful death victims must rely on the serving family members to take the actions needed for justice.
Some types of wrongful death claims require very fast action to preserve evidence.
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If you’ve lost a loved one due to someone else’s negligence, time is critical. While wrongful death lawsuits typically take one to two years to resolve, acting quickly to preserve evidence and protect your rights can significantly impact your case outcome.
At Baumgartner Law Firm, our Houston wrongful death attorneys have maintained an undefeated record in wrongful death litigation for over 40 years. Attorney Greg Baumgartner holds dual law degrees, a perfect 10.0 AVVO rating, and is a graduate of the Trial Lawyers College. We’ve recovered hundreds of millions of dollars for Texas families while providing the personalized attention you deserve during this devastating time.
Why Choose Us:
- Over 40 years of wrongful death experience
- Undefeated track record—we’ve never lost a wrongful death case
- No upfront costs—we only get paid if we win
- Available 24/7 for your convenience
- Free, no-obligation consultation
Baumgartner Law Firm
6711 Cypress Creek Parkway
Houston, Texas 77069
(281) 587-1111
Call now for your free consultation. Let Houston’s most experienced wrongful death attorney fight for the justice and compensation your family deserves.
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