How Long Does It Take To Settle Wrongful Death Claims? 

How Long Does It Typically Take To Settle a Wrongful Death Claim? 

There is no set timeline on how soon a wrongful death claim will be settled. Some cases could be resolved in about six months, if there is strong evidence, and it is clear who was negligent. The insurance company must also be willing to settle.  

Other cases could take a year to settle when the insurance company is disputing fault or making low-ball offers. If the insurance company still isn’t willing to settle, the case has to proceed to trial, which can add another year or two to the timeline.  

What Factors Affect How Long a Wrongful Death Settlement Takes? 

Some of the factors that impact how long it takes to fully resolve a wrongful death claim and reach a settlement include the following: 

• The strength of the evidence presented. 
• Whether the defendant or their insurer is disputing fault. 
• If the case involves multiple responsible parties. 
• How responsive the insurance company is to reach a fair settlement. 
• Whether a formal lawsuit has already been filed. 
• The processes in your state for filing a wrongful death lawsuit. 
• Who can file the wrongful death claim. 

Can a Wrongful Death Claim Settle Without Going to Trial? 

You might be surprised to learn that most wrongful death claims settle without ever going to trial. Your wrongful death lawyer in Colorado will work hard to build a solid case with strong evidence to clearly show the defendant was at fault. When they do, it makes it difficult for the insurer to try to dispute your claim and be more receptive to settling.  

Why Do Some Wrongful Death Claims Take Longer Than Others?

Some wrongful death claims can take longer than others because each case will have its own set of circumstances, such as:

• The decedent didn’t die right away but later succumbed to their injuries.
• The surviving spouse waited to file or didn’t want to file, so the surviving children had to wait to file.
• The insurer is disputing fault under Colorado’s comparative negligence system.
• The insurer made a low-ball offer and is refusing to negotiate further.
• Delays or issues with the estate and probate procedures.
• Court scheduling issues when the case proceeds to trial.
• Time needed to set up a wrongful death structured settlement payout.

How Do Insurance Company Negotiations Affect the Timeline?

Some of the different things that affect how long it takes to settle a wrongful death suit and the timeline during insurance company negotiations include: 

• Independent investigations: Insurers will always conduct their own independent investigation to see if your claim is accurate and correct. The entire process can take several weeks or even months.
• Starting with an initial low-ball offer: Most adjusters will start with a very low settlement offer way below what your attorney initially asked for in the demand package. They do this because they hope the family’s current financial situation will force them into taking the initial offer, even when they are entitled to substantially more.
• Intentional administrative and financial delays: Insurance companies are for-profit businesses. So, they will sometimes intentionally create delays to hold onto the money longer, especially if they invested it and are expecting a huge return.
• Looking to shift fault: Insurers will do their hardest to show the decedent’s actions contributed to their death and were partially at fault. This can add months to the timeline while they try to look for any evidence to support this.

How Do Liability Disputes Impact the Settlement Process?

When there is a dispute in liability, it depends on whether the dispute is accurate. If the insurer is using it as a delay tactic, then it could require going to mediation, arbitration, or trial. In cases where the deceased was indeed partially at fault, the percentage assigned to them will reduce the total settlement paid out.

Additionally, they must have been less than 50% at fault. If they were 50% or more at fault, then there is no claim to be made. For example, let’s say that as the surviving spouse, you are entitled to a settlement of $1 million. However, the evidence shows your loved one was 20% at fault.

Instead of receiving the full $1 million, it would be reduced by 20%. So, your actual settlement would be $800,000.

What Happens if the Parties Cannot Agree on a Settlement?

If the parties are unable to come to a reasonable settlement agreement, the case proceeds to trial. A formal lawsuit is filed unless your attorney did this already from the start.

Next, you will go through the discovery phase, then mediation or arbitration. If a settlement still cannot be reached, then the pre-trial motions take place first. Then the trial begins.

Why Shouldn’t Families Accept the First Settlement Offer?

As previously mentioned, insurers are notorious for making an initial low-ball offer. They want you to settle quickly because they assume you need the money now. If you haven’t already spoken to a Colorado wrongful death lawyer, now is the time to do so.

Most people who received an initial settlement offer and then spoke with a lawyer are usually shocked to realize how much they are actually entitled to receive, often as much as Colorado’s wrongful death settlement caps.

How Can an Attorney Help Move a Wrongful Death Claim Toward Resolution?

Insurers are less likely to fabricate delays and not be open to negotiations when you have an attorney to manage your claim and case. Our lawyers are familiar with all the tactics and can help keep your claim moving along as best as possible, especially when the insurer is open to reaching a timely settlement.

What Can Families Do To Help Avoid Unnecessary Delays?

Some things families can do include the following:

• Act fast in filing your wrongful death claim.
• Establish your estate representative and start probate procedures quickly..
• Gather evidence and documentation, including medical bills, medical records, loss of income, and police reports.
• Avoid social media posts that talk about the accident, your loss, or your claim..
• Let your attorney manage the case.
• Only communicate through your lawyer or when they are present.
• Follow all the legal advice you are given.

How Can Bachus & Schanker Help Families Pursue a Wrongful Death Settlement?

Bachus & Schanker has helped many families pursue wrongful death settlements in Colorado. Kyle Bachus has first-hand knowledge of what it is like to lose a loved one unexpectedly and due to another’s negligence.

Our clients also have access to our Victim’s Advocates, a team of professionals outside our law firm who provide support, assistance, and guidance during this difficult time. Request your free case evaluation and consultation now.

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