How Long Do Houston Wrongful Death Lawsuits Take?

How Long Does a Wrongful Death Lawsuit Take?

How long the wrongful death case takes in Houston, Harris County, Texas, depends on several factors. Generally, a Houston wrongful death lawsuit can take one to two years (excluding appeals).

Our Houston wrongful death attorneys have won huge damage cases for over thirty-eight years and have never lost a wrongful death case! Call our nationally recognized fatal accident law firm and put Baumgartner Law Firm on your side: (281) 587-1111!

What Factors Impact a Wrongful Death Claim in Texas?

Pre- Wrongful Death Lawsuit

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 have responsibility usually 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.

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.

Mediation Of a Wrongful Death Claim

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 completion of discovery, and all parties know the other’s positions. Discovery means written answers to questions, producing documents for the other side, and 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.

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 Long does a Wrongful Death Settlement Take?

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.

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.

Contact an Award Winning Houston Wrongful Death Attorney for Help

If you have questions regarding a Texas wrongful death lawsuit, talk with a top-rated wrongful death attorney in Houston at Baumgartner Law Firm. There is never a charge for the consultation. Our Houston wrongful death lawyer has protected families’ financial futures for decades.

Baumgartner Law Firm
6711 Cypress Creek Pkwy
Houston, Texas 77069
(281) 587-1111

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Related Resources:

• Houston Wrongful Death Lawyer
• Houston Personal Injury Lawyers

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