When filing a wrongful death claim, it is important to understand how certain actions could influence the length of a case. For example, making sure to bring any documentation related to the case during the initial consultation could play a massive role in how quickly a claim can be filed. In addition, if a claimant manages to avoid making crucial mistakes that could provide the defense with an opportunity to deny liability, a person’s claim could have a tough time reaching its conclusion.
To learn more about the various factors that can influence the potential timeline of a wrongful death claim in Charleston, do not hesitate in scheduling a consultation with a knowledgeable and trusted injury attorney today.
What Documents and Records Should be Brought to an Initial Consultation?
In some cases, the claimant may come unprepared with any documentation. Although it is part of an attorney’s job to help claimants obtain this information, the case would proceed much faster if they bring any documentation they have to the initial consultation. Examples of valuable documents would include death certificates, medical records, and any other forms of testimony that would provide the attorney with a better understanding of the facts of the case. While it is helpful to have this information ready, it is certainly not required.
In the event that the estate of the deceased person does not have any information regarding the facts of the case, an attorney could conduct a thorough interview with the estate to learn more about the case. Once an attorney has conducted this interview and received authority from the estate to file the wrongful death suit, the claims process would formally begin.
Biggest Mistakes to Avoid During an Initial Consultation
One of the biggest mistakes an estate can make during a wrongful death case is taking too long to decide who should be the personal representative of the estate. These types of situations can be remedied much faster if the deceased left behind some sort of will where someone has been chosen to act as the representative in the event of the deceased’s death. However, if a loved one did not leave behind a will, they would be considered intestate, meaning that they have passed on without a will in place. In this case, the law would decide who the beneficiary is depending on whether the deceased left behind a wife, kids, or any other type of relative.
How Long Does a Wrongful Death Typically Take?
Attorneys typically try to resolve a wrongful death case within 15 months. The first 45 to 60 days are typically spent investigating the case and then filing a lawsuit. By the 12-month mark, an attorney would try to have all witnesses, dependents, and experts in place in preparation trial. This could be extended to 13 or 14 months depending on the circumstances of a person’s case. Claimants should keep in mind that every case is different, and just because someone else’s case did not have issue does not mean that their claim will have no issues as well.
Speak with a Legal Representative Today
Considering the various opportunities for a case to be delayed or challenged, plaintiffs looking to recoup compensation following the unfortunate and tragic death of a loved one should speak with an attorney before taking legal action. In addition to helping you file a wrongful death suit, a lawyer will do all they can to expedite the potential timeline of a wrongful death claim in Charleston. However, the case begins with your pro-activity. Do not delay your family the justice you all deserve, schedule a consultation today to get started.