Published
July 3, 2025
If you have lost a loved one to someone else's negligence in California, here is a realistic look at how long a wrongful death case takes — from filing to settlement or trial.
Can a Loved One Be Sentenced for a Wrongful Death Case?
Most wrongful death cases happen because someone didn't follow an expected rule, which resulted in severe injury or death of an innocent person. This way, a family or friend of the deceased can file a lawsuit in the expectation of being treated fairly. They can do this to ask for money covering emotional pain, funeral costs, or damage to any property involved. However, in California, only the spouse, children, or next of kin of the deceased can file a report for a wrongful death case.What Is the Timeframe for These Cases in California?
How long wrongful death cases take in California depends on the severity of the case, and most cases take a couple of months to several years. These processes can be demanding and stressful, but so is ensuring an innocent person doesn't go to prison.• Filing the lawsuit: This is mainly performed by the family of the deceased to commence the case. On average, it takes one to three months to gather the necessary information and documents.
You should know that there's a two-year limit to file for a death case in California, so to be on the safe side, the deceased's family should report such a case as early as possible to avoid dismissal.
• Crime investigations: Investigations and discovery of wrongful death cases are just as crucial as filing a lawsuit. They take about three to twelve months, allowing both parties to collect evidence. This includes talking to witnesses, validating records, and making as many internal and external inquiries as possible.
• Settlements and compromise: The majority of cases end up getting settled with both parties agreeing on a decision without having a judge preside or take over the case.
• Going to trial: The peak of these cases mostly end up going to trial if they can't agree on a settlement. Both sides have to find legal teams to tell their story, leaving the final decision for a jury to make.
In addition, simple settlements in California take six to twelve months, while complex cases take one to five years. This is especially the case for large counties like Los Angeles, where there might be massive backlogs.
Endnote
Going for settlement is always a much faster route, whereas a trial usually takes longer, costs more, and ends up with a verdict that might not be favourable. Either way, it is always important to get justice and not rush the process, either within or outside California.
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