How Long Does a Santa Ana Wrongful Death Lawsuit Take?
Losing a family member in an accident is one of the most painful experiences anyone can endure. Beyond the grief, there are sudden financial challenges — medical bills, funeral expenses, and the loss of income or support. Many families in Santa Ana turn to the courts to hold the negligent parties accountable through a wrongful death lawsuit.
A common question we hear at our firm is: “How long does a wrongful death lawsuit take in Santa Ana?” The truth is, there is no one-size-fits-all answer. Some cases resolve in a matter of months, while others can take years, depending on their complexity, the presence of disputes, and whether the case settles or goes to trial.
In this blog, we’ll break down how wrongful death lawsuits work in Santa Ana, California, what affects their timeline, and what families should expect if they decide to seek justice.
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Wrongful Death Lawsuits
A wrongful death lawsuit allows surviving family members to seek compensation when a loved one’s death is caused by another party’s negligence, recklessness, or intentional act. Wrongful death claims are governed by California Code of Civil Procedure § 377.60, which outlines the parties with the right to file a wrongful death lawsuit. Under California law, eligible parties include:
- The deceased person’s spouse or domestic partner
- Surviving children
- Stepchildren or dependents financially supported by the deceased
- In some cases, other relatives like parents or siblings, if no closer heirs exist
The purpose of these lawsuits is twofold: to recover damages (financial losses and emotional harm) and to seek justice by holding the responsible party accountable.
For example, if a loved one is killed in a car accident caused by a drunk driver in Santa Ana or in a construction accident, the family can pursue a wrongful death claim to cover funeral costs, loss of income, and the emotional toll of losing their loved one.
Steps Families Should Take When Considering A Wrongful Death Claim
If your family is considering filing a Santa Ana wrongful death lawsuit, here are important steps to follow:
- Act Quickly — California’s statute of limitations generally gives families two years from the date of the death to file a lawsuit. Waiting too long could mean losing the right to pursue compensation.
- Gather Evidence — Collect police reports, medical records, accident photos, and witness statements. This documentation strengthens your wrongful death claim in Santa Ana.
- Calculate Financial Losses — Keep records of funeral expenses, lost wages, and any financial contributions the deceased would have provided.
- Consult an Experienced Wrongful Death Attorney — Wrongful death claims are complex. A Santa Ana personal injury lawyer familiar with California’s wrongful death laws can manage negotiations, fight insurance company tactics, and take the case to trial if necessary.
- Prepare for Emotional Challenges — These cases can take time. Having a support system, both personal and legal, is important to navigating the journey after your loved one’s wrongful death.
Families filing wrongful death lawsuits should be prepared for a process that involves investigation, negotiation, and potentially litigation. This brings us back to the pressing question — how long does a wrongful death lawsuit take to settle?
How Long Does A Santa Ana Wrongful Death Lawsuit Take?
On average, a wrongful death lawsuit in California can take anywhere from several months to years. Straightforward cases, such as those with clear liability and adequate insurance coverage, may settle within 6-12 months. But for more complex cases involving multiple defendants, disputed liability, or corporate negligence can take 2 – 3 years or longer.
One major factor is whether the case settles out of court or proceeds to trial. Most wrongful death cases resolve through settlement, but when defendants or insurance companies refuse to offer fair compensation, litigation becomes necessary. Families in Santa Ana often find that the waiting period is emotionally exhausting. While timeframes vary, understanding the steps in the process can help set realistic expectations.
Factors That Affect How Long a Wrongful Death Suit Takes
Several factors can influence the length of time it takes to resolve a wrongful death case in Santa Ana:
- Complexity of the case — Cases with multiple parties (such as trucking companies, contractors, or product manufacturers) often require more evidence and expert testimony, slowing the process.
- Liability disputes — If the at-fault party disputes responsibility, your attorney must gather extensive documentation, accident reconstruction, and witness testimony.
- Insurance company tactics — Insurers may drag out negotiations, hoping families will accept a lower settlement. These tactics can add months, if not years, to the process.
- Court scheduling — Orange County courts are often backlogged, which can delay trial dates.
- Emotional readiness of the family — Sometimes, families need time before they are emotionally prepared to pursue litigation, which can extend timelines.
- Type of process — If both parties agree to settle, the resolution may be faster. But if the case goes to trial, it can take significantly longer, but may result in higher compensation.
Each of these factors contributes to the unique path every wrongful death lawsuit takes.
Settlement vs Trial — Which Is Faster?
In wrongful death cases, the majority settle out of court. Settlements are typically faster, less stressful for grieving families, and guarantee some compensation. However, the downside is that settlements often involve compromise. Insurance companies may push for amounts far below the true value of the case, especially in areas where the cost of living is lower than in other areas, and insurers assume families may be more willing to accept quick cash.
On the other hand, pursuing a trial can take years due to court delays and complex litigation. Yet, a successful verdict often results in higher compensation, covering not only economic damages (medical expenses, lost income) but also non-economic damages like emotional suffering. For families facing the loss of a loved one, a trial may provide the sense of justice and accountability they are seeking.
Ultimately, whether to settle or proceed to trial depends on the specifics of the case and the guidance of your attorney in Santa Ana.
Seek Justice and Support With RTM Law
While no timeline can erase the pain of losing someone you care about, understanding how long a wrongful death lawsuit takes in Santa Ana can help families prepare for what lies ahead. Some cases may resolve in months, while others stretch into years. Still, every step in the process is about securing accountability and ensuring that the financial and emotional impact of your loss is recognized.
At RTM Law, we understand that waiting can feel overwhelming, especially when bills pile up and the grief is still fresh. That’s why our team works tirelessly to move cases forward, push back against insurance company delays, and fight for the full compensation you deserve.
If your family is facing a difficult time after a tragic loss in Santa Ana or another city in California, remember that you don’t have to go through this alone. Justice may take time, but with the right support, it is possible. Call our Santa Ana wrongful death lawyer now! FREE consultation.
Do you need compassionate support and effective representation?
No fees until we win. Available 24/7.
