Some wrongful death lawsuits in Tennessee settle within a few months, while others take a year or more to resolve. Cases that go all the way to trial can stretch even longer. The timeline depends on factors like the complexity of the case, how many parties are involved, whether liability is disputed, and how willing the defendant’s insurance company is to negotiate a fair settlement.
Read on to learn about the stages of a wrongful death lawsuit in Nashville, Tennessee and what can affect how long each one takes.
The Investigation Stage
Before a lawsuit is filed, your attorney will need time to investigate the circumstances of the death and gather the necessary evidence. This can include reviewing medical records, obtaining accident reports, consulting with experts, and identifying all of the potentially liable parties.
Depending on how straightforward the facts are, this stage can take anywhere from a few weeks to several months. Cases involving multiple defendants and complex legal issues, as is common with truck accident lawsuits, for instance, tend to require more time at this stage.
Filing the Lawsuit and the Discovery Process
Once the investigation is complete, your attorney will file the lawsuit in the appropriate Tennessee court. Keep in mind that the statute of limitations for wrongful death cases in Tennessee is generally one year from the date of injury that resulted in the death, so this step must happen within that window.
Both sides enter the discovery phase once a lawsuit is filed. During discovery, each party exchanges information and gathers additional evidence. This is often the longest stage of the litigation process and can take several months to over a year, depending on the scope of the case and how cooperative the opposing side is.
Settlement Negotiations
Many wrongful death cases are resolved through a settlement agreement before ever reaching trial. Settlement discussions can happen at any point during the lawsuit, including during discovery and after a trial date has been set.
If the defendant’s insurance company is willing to negotiate in good faith, a settlement can sometimes be reached relatively quickly. However, if they are lowballing or denying responsibility altogether, your attorney may need to push the case closer to trial before a fair offer comes to the table.
Going to Trial
If a settlement cannot be reached, the case will proceed to trial. Trials add significant time to the process, as scheduling alone can take months depending on the court’s calendar. The trial itself may last anywhere from a few days to a couple of weeks, based on the complexity of the issues that need to be decided.
While trials are unpredictable, they are sometimes the only way to secure full and fair compensation for your family’s loss. Having a wrongful death lawyer on your side who is experienced in the courtroom can make a meaningful difference in how the case plays out.
Contact a Tennessee Wrongful Death Lawyer To Schedule a Free Consultation
If you’ve lost a loved one in a preventable accident, you and your family may be entitled to substantial compensation. However, these cases can take some time, and the statute of limitations in Tennessee is especially short.
Contact Woodard Injury Law today at (615) 314-4626 to schedule a free consultation and get started with your case. We’ll do everything we can to maximize the value of your claim and help you secure justice.