In general, a wrongful death claim in SC can be settled in several months to several years. However, an individual case may settle faster or slower than the average.

If you’re involved in a wrongful death claim, it can be helpful to understand the timeline and how long your case may take. Our experienced Greenville wrongful death lawyer at Bobby Jones Law explains.

Average Timeline for Wrongful Death Cases in South Carolina

The timeline for how long a wrongful death suit takes includes:

Investigation: There may be an official investigation, including by police, an employer, OSHA, or the coroner. In addition, the plaintiff may investigate how the wrongful death occurred and the contributing factors. You may need to inspect an object, get a copy of a report, or conduct a test. This process may take several months.
Evaluation: A wrongful death claim must name the parties responsible, state the basis of the claim, and generally identify damages. There may be unique issues to evaluate. Case evaluation and strategy can take several weeks.
Preparation: Filing a claim involves preparing a summons and complaint. You must file the case in court and serve each defendant. This step can take several weeks.
Early case steps: Each defendant may submit responsive pleadings. The court may schedule an initial court appearance. Generally, a defendant has 30 days to respond to a civil complaint.
Case building: The parties receive time to formally build their case and narrow the contested issues. This may include gathering records and contacting witnesses. It may mean formal discovery and legal research. Preliminary court hearings may impact the case outcome. Depending on the complexity of the case, a wrongful death claim in South Carolina may be pending in preliminary stages for one year or more.
Negotiations: The parties can negotiate a wrongful death settlement. Non-binding mediation is usually required and is typically scheduled several weeks in advance.
Trials: If a case goes to trial, it adds to the timeline of a wrongful death case. The court must find time in its calendar to hear the case. The parties need sufficient time to issue subpoenas and prepare for trial.
Finalization: When the case ends, it may take a few days to a few weeks for the court to approve the settlement or finalize a judgment. The defense pays compensation owed, which must be distributed to the parties.

Factors That Can Speed Up or Delay a Settlement

Examples of factors that can make a wrongful death case faster or slower include the following:

Faster—If it’s clear who is at fault for wrongful death.
Slower—When comparative negligence may be a question.
Faster—Identifying responsible parties and sources of compensation.
Slower—Unique legal issues that need to be researched.
Faster—Meeting court deadlines.
Slower—The process for the court to appoint a personal representative.
Faster—A claim involving a unit of government (South Carolina Tort Claims Act) when liability is clear and damages exceed statutory limits.
Slower—Going to mediation without knowing what your case is worth.
Faster—Strategically filing court motions and responding to defense motions.
Slower—Beneficiary disputes.

While there are things that you can do to make your wrongful death case as efficient as possible, some things may not be within your control. Working with an experienced wrongful death lawyer can help you stay on track. Bobby Jones Law represents families in wrongful death claims.

How long does a wrongful death lawsuit take?

The length of a wrongful death lawsuit depends on several factors. The complexity of the case is a key factor, but the case details are only one part of the timeline.

If a case is highly contested, it will take time to address the issues. Fault and comparative fault are often contested in a wrongful death claim. However, additional disputes may relate to beneficiaries, evidence, damages, and sources of compensation. Even when an issue isn’t disputed, it can take time to evaluate and process information.

On average, wrongful death lawsuits take longer than general personal injury claims.

What Needs To Happen Before a Claim Can Be Filed?

Before a wrongful death claim is filed, there are important tasks. In South Carolina, the personal representative files the wrongful death claim. You must investigate to determine the beneficiaries and the appropriate court of jurisdiction. There are deadlines to file a wrongful death claim, so don’t wait to contact a lawyer.

Why Insurance Company Tactics Can Stall Settlements

Insurance company tactics can create confusion and doubt. They may hope that you’ll give up or underestimate what your case is worth. They may ask for things that are unreasonable or invasive. Sometimes, they don’t respond at all. It’s important to work with an attorney to prevent these stall tactics from hindering your wrongful death claim.

How Litigation vs. Negotiation Affects the Timeline

Going to trial can add significant time to a wrongful death claim. Sometimes it’s necessary. The defense may not want to pay, even if the case is clear. Trials are scheduled months in advance.

How litigation affects the timeline depends on when the case reaches a negotiated settlement. A settlement negotiated right before trial may not significantly impact the case timeline.

Wrongful death claims—How fast is too fast?

Any wrongful death lawsuit can take a significant amount of time.

Resolving your case quickly might be a top goal for you—and it should be! Part of receiving justice is resolving your case in a reasonable amount of time.

It’s important to balance speed with thoroughness. Each step is important. Giving your case the time it deserves can mean optimizing your case results.

A lawyer can help you pursue your case goals.

Working with an Experienced Greenville Wrongful Death Attorney To Expedite Resolution

An experienced Greenville wrongful death attorney can help expedite the resolution of your wrongful death claim. When you choose Bobby Jones Law, you have a lawyer handling all aspects of your case. We know how to move your case forward and how to respond to the stall tactics of the defense. Call or message us to talk to a lawyer and get help today.