Why Can Wrongful Death Lawsuits Take So Much Time?

Posted by Phineas Gray on December, 2017

Dealing with a loved one’s death is incredibly difficult, as there’s nothing that can be done to take away the pain of loss. Freeport wrongful death cases can help families deal with the financial fallout resulting from the death, but the lawsuit process can be lengthy. Here are a few of the elements of a wrongful death case.

Initial Investigation

Freeport wrongful death lawsuits always start with an investigation. Lawyers will pore over all of the documents involved in the case and find out if the evidence supports filing a case and how to best proceed. Your lawyers will determine who the case should be brought against and determine if insurance payments will play a role.

Negotiation and Filing

In many cases, it’s best to avoid the trial and negotiate with insurance companies. Because juries can be difficult to predict, both plaintiffs and defendants often agree to come to a fair resolution. Although this amount will be less than what could be gained in a trial, knowing the money is coming can be a great relief. If these negotiations break down or your lawyer thinks your case is especially strong, your Freeport wrongful death attorney might advise filing charges.


The investigation part of the case involves reading available documentation. Once a lawsuit is filed, your lawyer will be able to uncover even more information, helping your Freeport wrongful death attorney build a strong case. Since both sides participate in discovery, this process can be especially long.

Mediation and the Trial

Mediation offers another opportunity for both sides to get together and try to come to a resolution. Your Freeport wrongful death lawyer will have information attained during discovery, which can provide leverage during negotiations. If mediation fails, the case will go to trial, and your lawyer will presents facts to attempt to convince the jury to find the defendant guilty.

The wrongful death lawsuit process can seem to drag on, but there are opportunities to settle along the way. Even though it might be some time before the trial starts, preparations will help your lawyer build as strong and compelling a case as possible.

Fisk & Monteleone LTD offers personal injury, wrongful death, neglect, and other legal services and has more than 55 years of combined experience. Headquartered in Rockford, Illinois, they provide services to nearby cities, including Freeport.

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