Losing a loved one is overwhelming, especially when that death is the result of the negligence of another. If you’re considering a wrongful death claim, it’s natural to wonder how long the process takes. Timelines vary based on the facts, legal issues, and the court where the case is filed. This guide outlines the major stages, what typically happens at each step, and the key factors that can shorten – or lengthen – the path to resolution. In general, however, reaching a settlement in a wrongful death lawsuit can take several months to a few years.
MAJOR STAGES OF A WRONGFUL DEATH LAWSUIT AND THEIR TIMEFRAMES
INVESTIGATION AND DISCOVERY PHASE
The parties to a lawsuit have the right to use various discovery procedures to obtain information from the other side and from third-party witnesses in order to prepare for trial. Discovery can also promote settlement as both sides learn more about the strengths and weaknesses of the case. Common discovery tools include:
- Interrogatories: Written questions submitted to the other side, which must be answered in writing and under oath pursuant to Missouri Supreme Court Rule 57.01 or Illinois Supreme Court Rule 213.
- Requests for Production: A party may request that another party produce specific documents and/or things relevant to the lawsuit pursuant to Missouri Supreme Court Rule 58.01 or Illinois Supreme Court Rule 214.
- Depositions: Testimony taken under oath from parties and non-party witnesses. Attorneys for all parties may question the deponent (the person whose deposition is being taken).
- Inspections: When relevant, a party may inspect property owned by another party. For example, in a wrongful death lawsuit involving a motor-vehicle collision, the parties may request the inspection of the vehicles involved, including downloading crash data.
The investigation and discovery phase is invaluable—and often the most time-consuming portion of a case. It is not uncommon for discovery to last several months; in complex cases, it can last more than a year.
PRE-TRIAL MOTIONS AND SETTLEMENT NEGOTIATIONS
Before trial, the parties may file pre-trial motions–formal requests asking the court to take specific actions. These rulings shape what each side may present at trial. For example, a motion in limine can limit or exclude certain evidence so that the jury does not consider it when reaching a verdict.
At any time during the lawsuit process, the parties may initiate settlement negotiations, either informally or formally:
- Informal Negotiations: Often an exchange of written or verbal communications indicating what the plaintiff is willing to accept and what the defendant is willing to offer.
- Mediation (Formal Negotiations): An alternative dispute resolution process involving both parties, their attorneys, and a neutral mediator. The mediator is a legally trained neutral who meets with each side privately to discuss the strengths and weaknesses of the case and to facilitate movement toward a resolution. Mediation can occur at various points in the case timeline.
TRIAL PROCEEDINGS AND POSSIBLE APPEALS
In a trial, both sides present evidence, which generally includes the sworn testimony of witnesses (live in court or by deposition), exhibits (documents, photographs, tangible objects), and the testimony of the parties themselves. The length of the trial depends on case complexity and the number of witnesses and exhibits. According to the Circuit Court of St. Louis County, civil jury trials generally average about 2½ days.
After the jury renders a verdict, the losing party typically has the right to appeal to a higher court. In Missouri, a civil appeal commonly takes several months to over a year from the notice of appeal to the final decision, depending on briefing schedules and the appellate court’s docket.
FACTORS THAT INFLUENCE THE LENGTH OF A WRONGFUL DEATH CASE
LEGAL REPRESENTATION
In Missouri, wrongful death lawsuits are governed by Missouri Revised Statutes 537.080, 537.085, 537.090, 537.095, and 537.100. Importantly, 537.100 provides that potential plaintiffs have three (3) years from the date of death to file a wrongful death lawsuit. Except under very limited circumstances, a lawsuit filed after this period will be dismissed by the court.
In Illinois, the time to file is shorter. According to Statute 740 ILCS 180/2, potential plaintiffs generally have two (2) years.
Waiting to retain an attorney can add months—or even years—to the overall timeline. For example, if a Missouri plaintiff files close to the three-year statute of limitations, it can still take another two or more years to reach a resolution, putting the total time to conclusion at five years or longer from the date of death.
Of course, many families are not focused on legal action in the immediate aftermath of a loss. Still, it is crucial to remember that missing the statute of limitations in your state very likely means a wrongful death lawsuit can never be filed for your loved one’s death.
CASE TYPE
Wrongful death lawsuits can arise from a variety of categories of negligence – medical malpractice, motor-vehicle collisions, premises liability, defective/dangerous products, and more. Timing often varies by case type:
- Medical malpractice: According to Focus: Journal of Lifelong Learning in Psychology (Nov. 2019), in one study of 10,000 malpractice suits nationwide, the average length from filing to resolution was just over two years.
- Motor vehicle collisions & dangerous property conditions: These suits are usually between one and two years from filing to resolution.
- Product liability: Often the longest timelines because these cases can be among the most complex civil lawsuits. Length is driven by the burden of proof and the scope of evidence needed to hold a manufacturer liable.
These are national averages. Where your lawsuit is filed plays a significant role in how long it takes to resolve.
COURT BACKLOGS
According to data collected and distributed by the Missouri Supreme Court for 2024, the average age of a civil case at disposition in civil circuit courts was:
- St. Charles County: 339 days
- Jefferson County: 402 days
- St. Louis County: 597 days
- St. Louis City: 977 days
In practical terms, this means that, in the City of St. Louis, it takes about two and a half years from the date a case is filed until it is finalized.
Statewide, more than 50,000 civil cases are filed in Missouri circuit courts each year. After your case is filed, your attorney will ask for a trial setting (i.e., a trial date). In the St. Louis metropolitan area, courts are commonly scheduling trials six months to one year out from the date requested – often longer when dockets are congested or multiple parties need to coordinate schedules.
LIABILITY DISPUTES
It is important to understand that there is no guarantee a wrongful death case will settle before trial. Even so, according ot the U.S. Department of Justice, only 4%-5% of lawsuits are tried before a jury – roughly 1 in 20. Many matters are resolved earlier for a variety of reasons, including settlement.
For the cases that do proceed to trial, a common driver is a denial of responsibility by the defendant–either in whole or in part–for the death of your loved one. When liability is disputed, additional discovery, motion practice, and expert witness involvement are often required, which can extend the timeline.
THIRD PARTIES
Missouri Revised Statute 537.080 identifies three “classes” of individuals who may bring a wrongful death lawsuit. Spouses, parents, and children of the deceased are all Class I beneficiaries. Disputes can arise about how to divide settlement proceeds.
For example, delays can occur when one Class I beneficiary sues and reaches a proposed settlement without involving the other living Class I beneficiaries. Before the court can approve the settlement and disburse funds to the Class I plaintiff, all other Class I beneficiaries must receive notice by law. Sometimes, this notice requirement prompts beneficiaries who were not previously involved to assert their rights, object to the apportionment, and request a hearing – all of which adds additional time to the case timeline.
In addition, virtually all defendants will not agree to a settlement unless all Class I beneficiaries sign releases that waive any future right they have to sue for wrongful death of the same individual. This again requires the involvement of other Class I beneficiaries who may not have joined as plaintiffs in the wrongful death lawsuit.
In these situations, the court may hold a settlement distribution (allocation) hearing where each beneficiary presents evidence supporting their proposed share. In some cases, the court may permit targeted discovery, depositions, and witness preparation in advance of the hearing. This process can extend the time to receive compensation by months.
To reduce delay, many attorneys identify all potential Class I beneficiaries at the outset and seek to engage each as a client. When everyone is represented from day one, beneficiaries can privately discuss appointment with counsel and work toward a unified distribution plan – saving the family time and expense and eliminating the need for a public courtroom dispute over money.
BROWN & CROUPPEN CAN HELP
At Brown & Crouppen Law Firm, our experienced attorneys are here to help you and your family after the devastating loss of your loved one. We work on a contingency fee basis, meaning you pay nothing unless we win your case. With over $1 billion won in personal injury cases, we’re committed to achieving justice for our clients. We’ll help determine fault, build a strong claim, and fight for the compensation you deserve.
Getting started with your case is easy. Just call us at 888-802-8156 for a free consultation or get help with your case online from our legal team.
