How Long Does a Wrongful Death Case Take To Resolve in Nassau or Suffolk County?
If you’ve lost a loved one due to someone else’s negligence, one of the first questions you may have is: how long will this take? It’s a completely understandable concern. Families dealing with grief are also often dealing with financial pressure, and knowing what to expect can help you plan ahead. The honest answer is that wrongful death cases vary widely in how long they take to resolve, and several factors influence the timeline.
What Drives the Length of a Wrongful Death Case
No two wrongful death cases are identical. A straightforward car accident with clear liability may move more quickly than a case involving multiple defendants, disputed facts, or complex medical questions. In general, some of the main factors that affect how long a case takes include:
- The complexity of proving negligence or liability
- How many parties are involved (one defendant vs. several)
- Whether the insurance company cooperates or disputes the claim
- The extent of the damages and whether experts are needed to calculate them
- Whether the case settles or proceeds to trial
- Court scheduling and backlog in Nassau or Suffolk County
Some cases are resolved within a year. Others, particularly those that go to trial, can take two to three years or more.
The Statute of Limitations in New York
Before anything else, it’s important to understand the deadline for filing. Under New York Estates, Powers and Trusts Law Section 5-4.1, families generally have two years from the date of death to commence a wrongful death action. Missing this window can permanently bar a family from pursuing compensation, regardless of how strong their case might be. If a government entity is involved, the deadline can be significantly shorter and may require filing a formal notice of claim within 90 days.
Settlement vs. Trial: How That Choice Shapes the Timeline
Many wrongful death cases in Nassau and Suffolk County are resolved through settlement negotiations rather than going to a jury. Settlements can happen at various points: during initial negotiations, after depositions, or even during trial. When a settlement is reached, the process tends to move faster than a full trial, though it still takes time to investigate the claim, gather evidence, and negotiate fair terms.
If a case goes to trial, families should be prepared for a longer road. Court dates get scheduled months out, and trials themselves can last days or weeks depending on the issues involved. After a verdict, there can also be post-trial motions or appeals that extend the process further.
The Investigation Phase Takes Time Too
Before any settlement or trial, there is an investigation period that can itself take several months. This typically includes gathering medical records, accident reports, expert opinions, and other documentation needed to support the claim. Rushing this phase can weaken a case, so thoroughness matters even when families are eager to move forward.
Reach Out to Our Team for Guidance in Your Case
Waiting is hard, especially when you are grieving and facing financial uncertainty. If your family is navigating a loss caused by negligence, our Nassau County wrongful death lawyers at Jacobson Law are here to help you understand the process and what to expect at every stage. Contact us today for a free consultation.
Source:
nysenate.gov/legislation/laws/EPT/5-4.1
