How Long Does it Take to Settle a Wrongful Death Claim in Virginia?

Gavel and legal booksBefore you pursue a wrongful death claim, you understandably want to know what’s involved. You are already grieving the loss of your loved one and doing the really hard work of adjusting to life without your family member. You don’t want settlement negotiations to go on forever, but you also don’t want to settle for less than your claim is worth.

Factors That Influence When a Wrongful Death Case Settles

There is no certain time at which all wrongful death cases settle. Some settle within a few months, while others take more time. Some of the things that will influence how long it takes your wrongful death claim to settle include:

  • The quality of the evidence. Persuasive evidence may convince the insurance company that it is not worth the risk of letting the court decide a wrongful death claim.
  • How willing the insurance company is to negotiate fairly. It takes two parties to negotiate a fair settlement. If the insurance company is unwilling to negotiate in good faith, then you may be unable to settle your case out of court.
  • The amount of money at stake. Insurance companies may fight back harder when more money is at stake, and that may make a settlement less likely.

Delaying the start of settlement negotiations will not help you settle your case sooner. Therefore, it is important to talk to an experienced wrongful death lawyer as soon as you can in order to get your case started.

Fast Wrongful Death Settlements Aren’t Always Fair

There are benefits to a fast wrongful death settlement. Once your claim settles, the emotional toll of pending settlement negotiations and the uncertainty of your financial future end. However, it isn’t worth agreeing to a settlement that is too low just to get a quick settlement. Once you agree to the settlement, the settlement is binding, and you won’t be able to recover additional compensation for your loved one’s wrongful death.

At Kearney, Freeman, Fogarty & Joshi, PLLC our goal is to get you the right wrongful death settlement at the right time. We want to settle your case as quickly as possible and for the most amount of money possible. We will continually balance these goals throughout the negotiation process. To learn more about how long it might take to settle your wrongful death case fairly, please contact us today for a free, no-obligation consultation.

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