Timeline of a Wrongful Death Lawsuit
in Kansas City
Embarking on the path of a wrongful death lawsuit is a process that demands not only legal expertise but also a considerable measure of patience. A Kansas City wrongful death lawyer can help you understand the intricate dynamics that dictate the timeline of a wrongful death lawsuit, which is crucial for those navigating the often complex and emotionally charged terrain of seeking compensation for a loved one’s untimely demise. There is very little about litigation of any type that happens quickly. Although the rules of civil procedure have been greatly expanded, in theory, to aid parties to evaluate cases and resolve them short of trial, lawsuits have become significantly more complicated.
What is a "Wrongful Death"?
Wrongful death refers to a death of a person caused by wrongful circumstances. These tragedies often result from another party’s negligence, recklessness, or intentional actions. Unfortunately, many of these deaths could have been prevented if not for the wrongful act or failure to act.
Since a wrongful death occurs due to someone else’s actions rather than a natural cause, the families of the deceased may have the right to seek financial compensation from the responsible party. This compensation can help alleviate the financial burdens that often accompany the unexpected loss of a loved one.
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Breaking Down A Wrongful Death Lawsuit Timeline
Breaking Down A Wrongful Death Lawsuit Timeline
In this video, attorney and shareholder Reed Martens explains the time limits (statute of limitations) for filing a wrongful death lawsuit. Understanding these limits is critical to seeking justice and protecting your rights.
Here is a list of tasks that are generally pursued in every wrongful death case, all of which can impact the time it takes for your case to resolve or go to trial:
Investigation Period
There is a period to gather evidence, collect medical records, and interview witnesses to evaluation the case. Before a wrongful death lawsuit is filed, an attorney may also take time to have the case reviewed by expert witnesses. Some cases, such product defect cases, require expert witnesses to pursue a wrongful death case before a jury. Finding the right expert and supplying that expert with all the essentials to provide an informed and qualified opinion takes time. It is better to have such people in place before a wrongful death case is filed to avoid delays, or potential dismissal of the lawsuit later on.
Filing the Lawsuit
Depending on court availability and the completeness of documentation, the filing process can take a few weeks to a few months. Filing a wrongful death lawsuit involves “service of process.” Simply stated, the official lawsuit papers must be provided or served to the party the plaintiff is suing. Under the very best of circumstances, after filing the wrongful death case, this takes about 30 days to accomplish. If a defendant is dodging service, it can take months. Once served, the defendant typically has 30 days to “answer” or respond to the allegations. This time is frequently extended by either agreement or the order of the court. In short, in the first 30 days after filing, there is not much one can do to advance the lawsuit.
Discovery
All parties have a right under both federal and state rules to conduct discovery. This takes several forms, and the time it takes to complete this process is dramatically affected by the complexity of the case and the attorneys involved. Complex wrongful death lawsuits can take a year or more to navigate this process.
Most discovery begins with written discovery in the form of interrogatories, requests for production of documents, or requests for admission. Both parties can engage in this process.
- Interrogatories are written questions sent to the other side, generally seeking basic information such as health history, employment history, and witnesses to the accident or incident.
- Requests for production seek documents or other tangible information pertinent to the matter at issue, including accident reports or medical records in a personal injury case.
- Requests for admissions seek to narrow the contested issues by asking, for example, “Admit that when you were operating your vehicle you failed to yield the right-of-way by running the red light?”
This initial step, although ongoing throughout the pretrial period, can take several months to complete, especially depending on whether there are disputes about what can or should be answered.
Deposition
After the initial written discovery is completed, attorneys proceed with depositions, which is another form of discovery. Depositions are answers provided under oath, taken before a reporter who will record all testimony provided in response to questions from the attorneys. This short video explains the deposition process in greater detail.
Your attorney will be present at all depositions and is also entitled to take depositions of the defendants, independent fact witnesses, and expert witnesses. In a car collision case, there may be only a handful of depositions, but in a product defect action involving experts and scores of fact witnesses, dozens of depositions can be taken. Hence, depending on the complexity of the case, concluding depositions can take months.
Settlement Negotiation
Often, wrongful death cases settle before trial. The length of the wrongful death lawsuit settlement negotiations can take anywhere from a few weeks to a few months. Many courts, both federal and state, order the parties to participate in “mediation” at least once prior to trial. Mediation is the process of formalized settlement discussions directed by an impartial mediator. This short video explains the mediation process in greater detail.
Factors That Can Prolong The Timeline Of A Wrongful Death Lawsuit
The timeline of a wrongful death lawsuit can vary depending on various factors, such as:
- Where one files the case
- Are you in state court or federal court?
- What judge was assigned to preside over the case?
- Does the court have a busy docket or one that is relatively open and uncluttered?
- How complicated is the case? How many defendants are there?
- Who is the defense attorney?
- Is the defense attorney one who is amenable to targeting issues that will facilitate case evaluation, and potential resolution, or are they more interested in delaying the case so they can bill more hours?
State courts vary wildly. In urban jurisdictions such as Kansas City, St. Louis, or Springfield, judges typically have packed dockets, and older cases get priority over newer cases. Sometimes that results in a logjam that keeps newer, uncomplicated cases from reaching the top of the trial calendar. In federal court, there are a myriad procedures. Although designed to facilitate the quick and easy progress of the lawsuit through the system, they frequently have the opposite effect due to the complex federal rules of civil procedure.
The time to navigate the system can range from one to three or more years. In short, the jurisdiction, the judge, the nature of the case, the attorneys on both sides, and the backlog of cases, can all impact the timeline of your wrongful death lawsuit.
Wrongful Death Frequently Asked Questions
What are the "statute of limitations" in Missouri for wrongful death?
In Missouri, the statute of limitations for filing a wrongful death claim is three years. This means that a wrongful death lawsuit must be filed within three years from the date of death.
In Missouri, wrongful death claims are governed by statute, which is set forth in RSMo § 537.080 et seq. These statutes specify who is eligible to file a wrongful death lawsuit, dividing potential claimants into different classes, and also sets forth what types of damages are potentially available for class members to recover in a wrongful death lawsuit.
Who can sue for wrongful death in Missouri?
Under Missouri’s wrongful death statute, the first class includes the decedent’s spouse, children (natural or adopted), or parents. If there is no one living from the first class, then decedent’s siblings may bring the claim.
A wrongful death claim brought by one person is brought on behalf of the entire class and any settlement must be approved by the trial court to ensure that all class members entitled to share in the recovery are accounted for.
What damages can be recovered in a wrongful death lawsuit?
In addition to funeral expenses, damages may be recovered for the reasonable value of the services, consortium, companionship, comfort, instruction, guidance, counsel, training, and support deprived by reason of the wrongful death.
The jury may also award damages for any suffering experienced between the time of injury and the time of death.