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In North and South Carolina, a wrongful death lawsuit typically takes one to three years. It all depends on the details of your case, how much evidence needs to be gathered, and whether your case will settle or go to trial.
Losing someone because of another person’s negligence leaves families searching for answers that aren’t easy to find. In both North Carolina and South Carolina, wrongful death laws allow surviving family members to pursue compensation for their loss.
If you lost a person you loved as a result of someone else’s careless behavior or reckless actions, a Rutherfordton wrongful death lawyer is the one to call. Your attorney will know that no amount of money can make up for the newfound hole in your heart, but you deserve justice.
The First Steps: How a Wrongful Death Case Begins
Before a lawsuit can start, someone must be legally appointed to represent the deceased’s estate. In North Carolina, this person is called the personal representative or executor. In South Carolina, the title is similar, and this person acts on behalf of the surviving family members.
Once the estate representative is in place, they can officially file the wrongful death action in civil court. From there, the attorney can start investigating the situation and preparing the case. During this early stage, your legal team will collect evidence.
This often includes accident reports, witness statements, medical records, and financial documentation that demonstrates the value of the losses suffered by the family. These records set the foundation for everything that follows.
Average Timelines for Wrongful Death Cases in the Carolinas
Though each case is unique, wrongful death claims in North and South Carolina often follow this general timeline:
- Simple settlement cases: Six months to one year
- More complicated cases: One to two years
- Litigated cases that go to trial: Two to three years or more
Cases involving government entities, malpractice, or product defects usually take the longest. This is because these cases often require professional testimonies, additional procedural steps, and compliance with special notice requirements under state law.
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How Settlements Affect the Timeline
Many wrongful death claims are often resolved through settlements rather than full court trials. As a result, a settlement can take anywhere from several months to over a year, depending on how detailed the case is and the way negotiations unfold.
Insurance companies typically evaluate settlement demands after receiving a detailed demand package from the family’s attorney. This package outlines the evidence, damages, and legal arguments supporting the claim. The insurer can then respond with one of two things:
- A counteroffer
- A request for additional documentation
In more straightforward cases, a settlement can be reached in under a year. But cases involving commercial trucking companies, medical malpractice, or multiple defendants often move more slowly, so it’s all dependent on the type of incident that your case involves.
Factors That Extend the Timeline
Every wrongful death case involves moving parts that affect timing. These are some examples of common elements that can cause delays in your case.
Disputes Over Liability
If the other party contests responsibility for the death, it can slow progress in your case because professional investigators, accident reconstructionists, and medical professionals might need to provide additional evidence before negotiations can resume.
Multiple Defendants
Some cases involve more than one liable party, such as in construction accidents or commercial transportation crashes. Coordinating and conversing with more than one insurance carrier or legal team often means longer wait times all around.
High-Value Damages
The more money at stake, the more likely it is that defendants will push back and try to get you to accept low-value offers. Insurers tend to challenge large claims, especially when the damages include future earnings or emotional suffering.
Court Scheduling
Even after filing the lawsuit, scheduling depends heavily on the local court’s docket. Civil courts in both North and South Carolina are prone to backlogs, particularly in larger counties. That means hearings and trial dates can take months to obtain.
How State Laws Affect the Process
Both North Carolina and South Carolina have specific laws governing who can bring a wrongful death claim and when it must be filed. These laws directly influence how long a family has to act.
Statute of Limitations in North Carolina
Under N.C. Gen. Stat. § 1-53(4), the personal representative has two years from the date of the deceased party’s death to file a wrongful death lawsuit. This statute of limitations is strict. If the claim isn’t filed within that window of time, you could lose your right to recover damages.
Statute of Limitations in South Carolina
South Carolina law gives families three years to file a wrongful death claim, according to S.C. Code § 15-3-530(6). Like North Carolina, this deadline usually goes into effect on the date of your loved one’s death.
Even though these timeframes sound like long periods of time, the preparation of your case can take months, and that’s only the beginning. Families who want to take legal action should reach out to an attorney as soon as possible.
Call Our Rutherfordton Wrongful Death Law Firm ASAP for Help Understanding How Long Your Lawsuit Could Take
When you lose someone you love due to negligence, every day without justice can feel unbearable. While no lawsuit can bring your loved one back, a Rutherfordton wrongful death attorney can help you make sure their story is heard and their legacy is protected.
The Rutherfordton wrongful death attorneys of Farmer & Morris Law, PLLC, understand both the emotional toll and legal weight of these cases. As The Best of Rutherford County from 2011 to 2023, we lead with integrity, experience, and results at the forefront of everything we do.
Together, we’ve helped over 10,000 people recover more than $100 million. We’ll guide you through each step, manage the deadlines, and fight for the financial stability your family needs to begin rebuilding.
