How Long Do Wrongful Death Lawsuits Take?

Pre-lawsuit

Most wrongful death cases start in litigation unless the insurance coverage is inadequate. Lawsuits are filed because the damages are significant. If minor children are left behind, a lawsuit will be filed even if the case can settle.

Mediation

One of the most significant considerations for how long a case takes is the response from the defendant regarding a settlement. Many cases settle at mediation or after mediation but before trial.

Mediation usually is conducted after discovery has been completed, and all parties know the other’s positions. Discovery meaning written answers to questions, producing documents to the other side, and depositions of witnesses, family members, and defendants.

Trial preparation is time-consuming

Because the damages are significant with losing a family member, the preparation for the trial is always more detailed. Insurance companies want to explore every avenue of escape before parting with substantial sums of money. The family also wants to develop their case through their attorneys to be prepared for trial.

There is a saying, “the best way to settle your case is to be ready for trial”.

Houston’s backlog of civil cases

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 through shutdowns of parking facilities due to flooding and recently from the virus.

The backlog is like standing in line to have your day in court. If the line is not moving, there’s not much you can do to get a trial until those in front of you move.