How Long Does a Wrongful Death Lawsuit Take?

After the unexpected loss of a loved one, families often ask a painful but essential question: How long does a wrongful death lawsuit take? At Rosenfeld Injury Lawyers, we understand that time feels suspended when you’re grieving. While no legal process can undo the loss, pursuing a wrongful death lawsuit can provide surviving family members with a sense of justice and the financial support needed to move forward.

Average Time Frame vs. Your Specific Wrongful Death Case

The average time frame to resolve a wrongful death lawsuit can range from several months to as long as one to four years. Simple cases may settle quickly, especially if liability is clear and the insurance company cooperates. However, the timeline can stretch much longer when multiple defendants are involved or when disputes arise over fault or damages. Every wrongful death case is different, and the duration depends entirely on the specific facts, evidence, and legal challenges involved.

Key Factors Influencing the Timeline of a Wrongful Death Lawsuit

Several factors can significantly impact how long a wrongful death lawsuit takes to resolve in Illinois. One of the most important is case complexity. If there are questions about who was at fault, multiple defendants involved, or complicated medical issues connecting negligence to the deceased’s death, these can all extend the legal timeline.

For example, a medical malpractice wrongful death case often requires detailed analysis of medical records and expert testimony to establish the link between a provider’s actions and the fatal outcome.

The investigation and discovery process is also a time-consuming but essential step. This phase involves collecting police or incident reports, medical records, expert evaluations, and witness statements. Depending on how quickly documents can be obtained and how many parties are involved, this process alone can take months or more.

Cases that settle before trial generally resolve more quickly. If both sides agree on a fair settlement, the case may close in less than a year. However, if a trial is necessary, preparation, court scheduling, and proceedings can add one to two years or more.

Finally, court procedures in Cook County can delay a case. Court calendars are often crowded, and procedural issues or motion hearings can extend the timeline considerably.

Overview of the Legal Process Stages After Filing

Once a wrongful death lawsuit is filed, the legal process moves through several stages: investigation and discovery, settlement negotiations, trial (if necessary), and potential appeals. Each phase involves legal strategy, communication between parties, and court scheduling—all of which contribute to how long the case takes.

Investigation and Discovery: Gathering Proof Takes Time

Discovery is often the lengthiest phase. During this time, both sides gather evidence by exchanging documents, submitting written questions (interrogatories), and conducting depositions. Medical records, expert witness reports, and accident reconstruction may be involved. The time this takes depends on the case’s complexity and the volume of information involved.

Settlement Negotiations: Reaching an Agreement

At many points throughout a wrongful death lawsuit, the attorneys may attempt to settle the case. This process involves back-and-forth negotiations and sometimes mediation. If both sides agree to a fair settlement, the case can be resolved without trial, saving significant time and stress for the surviving family members.

Trial: The Longest Path to Resolution

If settlement efforts fail, the case proceeds to trial. Trial preparation alone can take several months to a year, especially in contested cases with multiple expert witnesses and extensive evidence. Scheduling the trial within the court system can also be delayed, making this the longest route to resolution.

Appeals: Potential Further Delays After Trial

Even after a trial verdict, the losing party can file an appeal. This legal process reviews the trial court’s decision and can take months—or even years—before a final resolution is reached. Appeals introduce further uncertainty and can delay the compensation to which the surviving family is entitled.

Deadline to File a Wrongful Death Claim

Under Illinois law, the deadline to file a wrongful death claim is typically two years from the date of the deceased person’s death (740 ILCS 180/). This statute of limitations is strictly enforced, and missing it could permanently bar surviving family members from recovering financial compensation. 

The timeline may differ slightly in some cases, such as medical malpractice or claims involving a minor. To protect your rights, you must speak with a Chicago wrongful death lawyer as soon as possible.

Does Filing Early Speed Up the Overall Case?

Filing a wrongful death lawsuit early is essential to preserve your legal rights and meet Illinois’ statute of limitations. However, filing quickly doesn’t always mean the case will resolve faster. The overall timeline depends more on factors like case complexity, available evidence, and how negotiations with the insurance company unfold.

Avoiding Quick, Low Settlement Offers from Insurers

After a wrongful death, insurance companies often reach out quickly with a settlement offer. While it may seem like immediate financial relief, these early offers are typically much lower than the claim is worth. Accepting one without legal review can permanently limit your ability to recover full compensation for medical bills, lost income, and emotional suffering. It’s critical to consult a wrongful death lawyer before agreeing to anything from the insurer.

What Happens After a Settlement is Reached?

After a wrongful death settlement is reached, additional steps are required before funds are distributed. These include finalizing paperwork, obtaining court approval if minors are involved, and resolving any outstanding medical or legal liens. This post-settlement process typically takes about four to six weeks before families receive their compensation.

Can Experienced Wrongful Death Attorneys Help Manage the Timeline?

Yes, experienced attorneys can significantly impact how efficiently a case moves forward. While they can’t control court calendars or opposing parties, skilled lawyers know how to manage the legal process effectively. 

They anticipate procedural delays, keep discovery on track, and apply strategic pressure during negotiations. By staying organized and proactive, they help reduce unnecessary setbacks while still fighting for full compensation. Their experience ensures your case progresses quickly without compromising its value.

Our Personal Injury Law Firm’s Commitment to Efficient Case Management

At Rosenfeld Injury Lawyers, we focus on resolving wrongful death claims with both compassion and efficiency. Our legal team conducts thorough investigations while actively managing deadlines, evidence collection, and negotiations. We work to move each case forward strategically, without sacrificing the quality needed to secure full and fair compensation.

How Family Members Can Assist the Legal Process

Family members play an essential role in supporting a wrongful death case. You can help by promptly sharing documents, records, or contact information related to your loved one’s death. Preserving evidence, such as photos, messages, or medical records, is also valuable. 

Responding quickly to your attorney’s requests and maintaining open communication helps keep the case moving forward. While the process can take time, your cooperation ensures your legal team can build the strongest possible claim on your behalf.

Balancing Thorough Preparation with Timely Resolution

While every family hopes for a swift resolution, a wrongful death lawyer’s top priority is building a strong, well-supported case. This means thoroughly investigating the circumstances, identifying all liable parties, and thoroughly assessing the financial and emotional toll of the loss. 

Rushing through the process risks undervaluing your claim. A careful, deliberate approach allows your attorney to pursue the maximum compensation you and your family deserve—even if that takes more time.

Discuss Your Wrongful Death Case During a Free Consultation

If you’ve lost a loved one due to someone else’s actions, you deserve answers—and support. At Rosenfeld Injury Lawyers, we offer a free, no-obligation consultation to help you understand your legal rights and the steps involved in a wrongful death lawsuit. Our team works on a contingency fee basis, meaning you pay nothing unless we recover your compensation.

Contact our Chicago personal injury law firm today to discuss your case, timeline, and how we can help your family move forward. Call us at (888) 424–5757 or fill out our contact form.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.