This is the next article in my series on the handling of wrongful death cases in our area which stem from semi-truck accidents. My last article discussed calculating damages in a truck accident related wrongful death case. It is important to understand that there are several facets to a damages calculation and the use of expert witnesses will typically be necessary. Retaining a personal injury attorney with experience in such matters can be important to ensuring that your case is handled correctly. In this article, I will be addressing the question of how long it may take to settle such a matter. If you are in need of assistance then contact my office today to speak with a Peoria, Illinois lawyer.
The time it takes to settle an Illinois wrongful death case can depend on the complexity of the issues
The amount of time it takes to settle an Illinois wrongful death case will, in large part, depend on the complexity of the case and the number of disputed issues. Some matters may be more complex than others, but all will likely involve numerous issues. For example, in a matter where the deceased was a salaried employee, or earned an hourly wage, then the amount of money they may have earned in their life may be more easily calculated. In a case where one was self-employed or has a more variable income, by contrast, the two sides in the case may claim a different amount for future lost wages. Additional disputes can include disagreements over the amount of pain and suffering endured, whether a pre-existing injury contributed to the loss, and more. Issues such as these can result in more “back and forth” between the parties before a settlement is reached.
The issue most likely to delay or prevent settlement is whether or not the deceased was partially at fault for the accident. Illinois comparative fault laws require that the surviving loved one’s damages be reduced by any extent to which the deceased was at fault. Issues of comparative fault can result in the defendant’s insurance carrier trying to settle the case for a reduced amount or even in their attempting to dispute liability altogether. In some instances, it may be necessary to file a lawsuit before the matter settles. As the case progresses, and both discovery and expert reports are obtained, settlement often becomes more likely. How long it will take to settle any matter, however, will always depend on the specifics of the case.
An important point to make is that it is generally inadvisable for the surviving family members to settle the case “too early.” It is not uncommon for insurance companies to understand that a grieving family is also likely in need of money. Such companies often attempt to contact the family members and settle the matter before they have even retained counsel. Even after counsel is retained, they may attempt to delay the matter out of hope that they can “wait out” the surviving family members. Your attorney will give you honest advice as to when you should settle. Also, if the insurer is engaging in delay tactics then your counsel can file a lawsuit to move the matter along.
A Peoria wrongful death lawyer will deal with the insurance companies on your behalf
If a loved one has been lost then you have enough to worry about. Once you retain an attorney then your counsel will contact the insurer and inform them of the representation. The insurance adjusters will deal with your representative directly so that you may focus on the important business of moving your life forward. Your lawyer will relay any settlement offers to you along with their opinion as to whether or not the offer should be accepted. So that your case is handled correctly, it is strongly suggested that you retain counsel with experience in such matters.
My practice is devoted to protecting the rights of individuals over those of corporations. Also, I exclusively practice in areas involving the rights of the injured. If you have lost a loved one to a trucking accident then contact my office today to speak with a Peoria wrongful death lawyer. I strive to provide the highest level of service and we look forward to being of assistance. My firm also serves clients in the Illinois cities of Bloomington, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington.
