How Long Does a Typical Wrongful Death Lawsuit Take in Oregon?
Posted on March 22, 2024 in Medical Malpractice
After losing a loved one to negligence in Oregon, filing a wrongful death lawsuit is a legal right. This action allows the family or personal representative of the deceased to seek compensation for damages. But after the emotional turmoil of loss, taking legal action may feel too overwhelming of a task to start or to know where to begin.
Becoming familiar with what to expect in how long a typical Portland, Oregon wrongful death lawsuit takes will prepare you for the process. More importantly, the monumental task of taking on an Oregon personal injury claim for wrongful death will not be your burden to carry alone.
How Long an Oregon Wrongful Death Lawsuit Takes
While there is no definitive answer to how long a wrongful death lawsuit takes in Oregon, the typical length of time to complete a legal action may take months to several years. Death seems like a sure indicator that a wrongful action occurred. So why might it take an extended period of time to settle a wrongful death lawsuit in Oregon?
The guilt of a defendant for negligence leading to wrongful death is signified in the compensation amount, which may lead to considerable compensation. The wrongful death attorney representing the claim will have gathered the critical documentation necessary and determined what fair amount for damages should be sought. At this point, an insurance company may disagree with this amount and refuse to agree to a settlement offer.
Representatives for both parties are now responsible to work toward negotiating an amount of compensation. And in many cases, a settlement can be reached. But because the cost of damages is often considerable, a claim may go to trial to allow a jury to determine the outcome. From here, there are many factors that contribute to how long a wrongful death lawsuit takes.
A Defendant Rejects Responsibility
The individual or entity accused of negligence may refuse to accept responsibility for the outcome of their actions. After filing the paperwork to begin a lawsuit, a discovery process must be completed to uncover all the facts, proving negligence in a wrongful death case. Time-consuming investigations, working with expert witnesses, and other interviews may take place. An examination of medical records will play a significant role as well.
The Discovery Process is Complex
The discovery process may take months. A significant beneficial factor during this time is how soon you contact a wrongful death lawyer in Oregon. Letting experienced representatives begin collecting evidence as soon as possible allows for more expedient location and preservation of valuable documentation. Keeping the facts of the case intact to create a more evident timeline of actions leading to a wrongful death paints a clearer picture for a jury responsible for rendering a verdict.
Starting an action soon after a death also allows a family or representative to step back and take personal time to grieve while an Oregon wrongful death attorney starts the work for you. Working with an attorney does not always mean a claim will end in a lawsuit. But it does give you peace of mind knowing that someone is working towards a settlement with the insurance company on your behalf while also preparing for trial if necessary.
Parties May Settle or Proceed to Court
The defendant and their insurance company may decide to settle at any point in the legal process before a verdict is reached. Experienced Oregon trial attorneys are committed to the legal process and strive to provide the most successful trial representation possible. They are committed to going the distance for families suffering tremendous loss and devastation.
Why Refusing a First Settlement Offer May Be Beneficial Even if it Extends the Time Frame
Moving past the initial events surrounding a wrongful death is a goal of many families struggling to navigate life after loss. So, a swift offer to settle may sound like the best route to begin moving forward. When there is an admission of responsibility, an insurance company may strive to settle even sooner.
The death of a loved one is a fracture impacting a family’s future beginning the day the tragic event occurs. Focus is on the loss of the individual you care for, but in time, the reality of the many losses that result from negligence becomes apparent. The wrongful death of an Oregon family member may lead to financial hardship, particularly when your loved one was a significant provider for the family.
Other financial challenges may only become more apparent over time and only realized when it is too late for legal action or a settlement has been reached. It is often challenging for families to grasp the vastness of the economic impact brought on by a wrongful death. But a personal injury attorney in Oregon can more accurately determine the most accurate compensation you deserve and may fight for.
Other Factors Impacting How Long a Wrongful Death Lawsuit Takes
The individuals filing a wrongful death action are allowed three years from the date of final injury to begin the legal process, also becoming a factor in time. However, because death may be extended for a significant period beyond the moment of injury, this timeframe may be shorter. These variables in the statute of limitations for a wrongful death lawsuit in Oregon highlight the significance of contacting an Oregon personal injury lawyer immediately who will fight to protect the interests of your family from devastating financial loss.
The court’s caseload is also a factor in how long a wrongful death lawsuit takes in Oregon. Working with the schedules of expert witnesses, weather, and illness are all factors that play into this timeline of legal action. Regardless of challenges, all of these contributing factors to how long a wrongful death lawsuit takes will be managed by a team of compassionate, focused wrongful death attorneys who have your best interests at the forefront of every decision. By keeping you informed and part of the team, you reserve your energy for times of critical decision-making so you can have a voice in the final outcome and compensation for the loss you’ve endured.