Losing a close family member or relative can be devastating. Not only are you struggling to cope with the loss of a confidant and cherished loved one, but if you were reliant on them financially, the fallout could be that much more serious. Fortunately, you may have the opportunity to get justice for your loved one when you pursue civil recourse.
A top-rated and compassionate Pennsylvania and New Jersey wrongful death lawyer from Rand Spear The Accident Lawyer can help you navigate the wrongful death claims process.
We know you are interested in finding out how long it will take to settle your wrongful death lawsuit, but every case is different. The truth is that in some cases, your lawsuit could be resolved in as little as several months, while others may not be settled until years later.
The Statute of Limitations for Wrongful Death Lawsuits Vary
Understanding wrongful death lawsuits may give you the opportunity to recover compensation for your deceased relative. However, the state in which your loved one was killed will determine how long you have to initiate the wrongful death action and who has the authority to file the claim. Every state has its own wrongful death laws in place that will determine how long it might be before your case is resolved.
New Jersey Wrongful Death Statute of Limitations
In New Jersey, under N.J. Stat. §2A:31-3, the statute of limitations for wrongful death claims is two years from the date of the decedent’s death.
This is a general guideline, as every case is different, and extenuating circumstances may temporarily pause the statute of limitations countdown. If you are the surviving family member of a wrongful death victim, you need to be sure you have the authority to file the claim under N.J. Stat. §2A:31-2, as only the personal representative has the right to file a wrongful death lawsuit.
Philadelphia Wrongful Death Statute of Limitations
In the Commonwealth of Pennsylvania, the statute of limitations for wrongful death lawsuits is typically two years from the date of the decedent’s death as well. Under 231 Pa. Chapter 2200, if your claim is not filed before the deadline expires, you may lose your right to file a lawsuit in the Pennsylvania civil courts.
You need to be sure whether you have the right to file a claim, as the personal representative or executor of the decedent’s estate has this responsibility per 231 Pa. §2202.
Factors that Could Impact Your Wrongful Death Settlement Timeline
Now that you know how much longer you have to file your wrongful death lawsuit, it’s time to take a closer look at some of the factors that could impact the amount of time it takes to settle the claim.
Although you will want your catastrophic injury lawyer with Rand Spear to move through the claims process as quickly as possible, in some cases, external factors can hold us back. Here are some of the most notable considerations to keep in mind when thinking about how much longer it might be before your wrongful death settlement is finalized:
Multiple Parties Sharing Liability
If multiple parties share responsibility for the accident, it could prolong the amount of time it takes to resolve your wrongful death settlement. This is because our investigation will need to expand to cover not only a single at-fault party but several.
This will require additional resources and potentially hiring more experts to review evidence, analyze data, and establish liability.
Insurance Coverage
Whether the at-fault party has insurance coverage in place will also determine how long it takes for your wrongful death claim to settle.
Since Pennsylvania and New Jersey are both no-fault insurance states under 75 Pa. Chapter 17 and the Automobile Insurance Cost Reduction Act under N.J. Stat. §C.39:6A-1.1, respectively, if the decedent had insurance coverage in place, whether that be general liability or auto insurance coverage, you may have the authority to file a claim against their insurance policy.
However, this insurance policy may not be enough to fully cover the total value of your family’s damages or the decedent’s losses.
Criminal Charges
Wrongful death lawsuits are often filed when one party intentionally causes severe bodily injury or death to another. However, when this happens, law enforcement officials may also intervene. The liable party could very well be charged criminally for assault, vehicular manslaughter, homicide, or other criminal offenses.
This could be valuable to your civil case. If the defendant is found guilty in criminal court, this could be used as powerful supporting evidence in your favor.
However, it could also delay the amount of time it takes to move forward with your wrongful death claim, as the evidence you need to support your case may be tied up with law enforcement and needed to prove their guilt beyond a reasonable doubt at trial.
The Extent of Your Damages
The extent of your damages could also have a profound impact on how long it might be before your wrongful death settlement is resolved. In some cases, we may need to wait until we know exactly how much the decedent’s medical expenses were, the financial losses related to their passing, and the value of other economic and non-economic damages.
Once we have a complete understanding of the various ways your life and your family’s lives have been affected by your loved one’s death, we will have a better idea of how long it might be before we can settle your wrongful death claim.
Trust in a Compassionate and Respected Wrongful Death Lawyer from Rand Spear
No matter how long it takes, your dedicated personal injury lawyer serving Pennsylvania and New Jersey with Rand Spear The Accident Lawyer will do everything possible to help your family get justice for your deceased loved one. We are not afraid to bring your case to trial or negotiate with high-profile insurance companies to ensure you receive the fair compensation your family deserves. Having successfully recovered over $750 million and counting for our clients, you can feel confident in our ability to help your family get through some of the most difficult times in your lives.
When you are ready to learn more about the wrongful death claims process and how much compensation your family could be entitled to, do not hesitate. Complete our quick contact form or call our office. We are ready to schedule your free, no-obligation consultation as soon as today.
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