Why San Diego Wrongful Death Settlements Often Take Longer Than Expected?
Wrongful death cases are quite common in San Diego, and often they stretch for years. Facing the wrongful death of a loved one is painful, and the waiting makes it even harder. Families often expect a settlement within months, but it can stretch for a long time.
The reasons below slow down such cases. Interestingly, the ‘longer’ time span doesn’t always mean a ‘worse’ situation.
The claim settlement process must start immediately
The majority of people think that there is enough time to sort things out after a wrongful death. In California, families can file a wrongful death lawsuit within two years from the date of death.
Though the two-year time frame might seem long, there are umpteen things to manage before the case is filed. Proper collection of reports and records, identifying all involved parties, and waiting for the conclusion of a criminal investigation or a coroner’s report are among them.
The case becomes tight and complicated when a government entity is involved. Certain wrongful death situations come under California’s Government Claims Act. The filing window for such accidents is 6 months, not 2 years.
Legal advice from the best wrongful death lawyers San Diego can help. They help handle such cases without missing the deadline and get the maximum compensation for the loss.
Why do insurance companies move slowly?
Insurers refuse to write a check even when liability seems obvious. Even when the police report points in one direction, insurance companies look for shared blame to reduce what they owe. In case there is any medical ambiguity regarding the cause of death, there are requests for multiple reviews before any settlement processing. Some of these cases become more complicated because of multiple parties and insurers involved.
Courthouses cause delays, too.
Apart from the insurer or the family, the court calendar also causes delays. Like most large California courts, the San Diego Superior Court has a heavy caseload. Civil trial dates are set well over a year after the case is filed formally.
Factors that extend the timeline
Many variables decide how long a wrongful death case can drag on. Some of them are as follows:
- Expert medical review regarding the cause of death.
- If the liability is clearly established or actively disputed.
- The number of parties sharing potential fault.
- If a government agency is a defendant.
- Local case backlog and court scheduling.
Slow is not always bad
The slow case settlement for wrongful deaths is not always bad. Sometimes, the full extent of losses is not documented in a hurry. Arranging complete medical records, a well-documented investigation, and an account of financial dependency takes time. Claiming with all details in place helps get maximum compensation for the wrongful death. Get in touch with expert wrongful death attorneys from hhjtrialattorneys.com for necessary legal advice.
Summing it up
The legal calendar has no place for grief. If you seek compensation for a wrongful death case, ensure proper documentation and correct case filing within the deadline. The waiting period depends on your luck, claim documentation, and court proceedings.
