What Happens After You File a Wrongful Death Lawsuit?

Filing a wrongful death lawsuit is a major step toward justice—but it’s just the beginning. Many families want to know: What happens next? How long does it take? And what should we expect along the way?

The wrongful death lawsuit process in NJ includes several stages—investigation, discovery, negotiation, and possibly trial. While no two cases are the same, the steps are predictable when you have the right legal team guiding you.

At Rosengard Law Group, we walk families through each part of the legal journey, keeping you informed and in control. This guide breaks down exactly what happens after your lawsuit is filed, how long it typically takes, and what factors can affect the timeline.

Overview of the Wrongful Death Lawsuit Process in NJ

What Filing the Lawsuit Actually Means

Filing a wrongful death lawsuit means your attorney submits a formal complaint to the appropriate New Jersey court. This legal document outlines:

• Who is filing the claim (typically the estate’s personal representative)
• Who is being sued (individuals, businesses, or government entities)
• What happened, and how the death occurred
• What damages the family is seeking

Once the complaint is filed, it’s served on the defendants, who must then respond. This initiates the litigation process and opens the door to investigation, negotiation, and—if needed—trial.

Who Can File, and Who Gets Involved

In New Jersey, a wrongful death lawsuit must be filed by the personal representative of the deceased person’s estate. However, the claim is brought on behalf of surviving family members who were financially or emotionally dependent on the deceased.

Once filed, the case may involve:

• The court, which manages deadlines, hearings, and trial scheduling
• Defense attorneys representing the person, company, or agency being sued
• Insurance companies, who often control settlement discussions and payouts
• Expert witnesses, financial advisors, and investigators

This can feel overwhelming—but our team handles it all. You’ll never have to go it alone, and you’ll always know what’s coming next.

Step-by-Step: What Happens After the Lawsuit Is Filed

Step 1 – Case Investigation and Evidence Gathering

Once the lawsuit is filed, your legal team begins building the case. This means collecting and reviewing all available evidence, which may include:

• Police reports and incident records
• Medical records and autopsy results
• Accident reconstruction or surveillance footage
• Witness interviews and sworn statements
• Expert evaluations (e.g., doctors, engineers, or safety specialists)

This early investigation is critical. It helps establish liability, prove negligence & damages, and prepare for negotiation—or trial. At Rosengard Law Group, we move fast to preserve evidence before it disappears.

Step 2 – Pre-Trial Motions and Discovery

During the discovery phase, both sides exchange information. This includes:

• Requests for documents and written answers to legal questions
• Depositions (sworn, out-of-court interviews) of witnesses and experts
• Independent medical exams, if relevant

This is where both sides learn the strengths and weaknesses of the case. It’s also when many wrongful death claims start moving toward settlement—because the facts are now on the table.

Step 3 – Settlement Negotiations and Mediation

Most wrongful death cases in New Jersey are resolved through negotiation—not trial. After discovery, your wrongful death attorney in New Jersey may enter direct negotiations with the defense or attend formal mediation to try and reach a fair settlement.

Rosengard Law Group pushes for full value. We calculate the true cost of your loss—financial, emotional, and personal—then fight for a settlement that reflects it. If they don’t offer what’s fair, we don’t back down.

Step 4 – Trial (If Necessary)

If settlement talks fail, the case proceeds to trial. Here’s what to expect:

• The case is argued in front of a judge or jury
• Both sides present evidence, witness testimony, and expert opinions
• You may be asked to testify, but your attorney will fully prepare you

Wrongful death trials can take several days to weeks, depending on complexity. While they’re rare, we prepare every case as if it’s going to trial—so we’re always ready if it does.

How Long Does a Wrongful Death Case Take in New Jersey?

One of the most common questions we hear is: “How long does a wrongful death case take in NJ?” The answer depends on several factors—but most cases fall within a general timeline.

Average Timeline From Filing to Resolution

Here’s a rough breakdown of how long wrongful death litigation typically takes:

• 6–12 months – For straightforward cases with clear liability and cooperative defendants
• 12–18 months – For more complex cases involving multiple parties or higher damages
• 18–24+ months – If the case goes to trial, or if there are procedural delays

While every case is different, most families can expect the process to take at least a year from the date the lawsuit is filed to resolution—whether through settlement or trial.

Factors That Can Speed Up or Delay the Case

Some cases move faster than others. Here are a few reasons why your case might take more or less time:

• Number of defendants: More parties usually mean more delays and negotiations
• Cooperation from the insurance company: If the insurer accepts liability early, settlement may happen quickly
• Strength of the evidence: Clear-cut cases are more likely to settle early
• Court backlog: Some NJ counties have long delays in scheduling trials
• Disputed liability or damages: If the other side denies fault or downplays your loss, expect more resistance

At Rosengard Law Group, we move fast without rushing the process. We’re aggressive about keeping your case on track, while making sure every detail is fully prepared for the best possible outcome.

How Rosengard Law Group Manages the Legal Process

Filing a wrongful death lawsuit is hard enough. You shouldn’t have to worry about what happens next—or whether things are being done right. At Rosengard Law Group, we take full ownership of your case from day one, so you can focus on healing while we focus on results.

We Move Fast—Without Cutting Corners

Time matters in wrongful death cases. That’s why we begin investigating immediately after the lawsuit is filed. We gather evidence fast, identify all responsible parties, and file motions to protect your rights. But we never rush a settlement. We build leverage, establish the full value of your claim, and only move when the timing benefits you.

• Fast filing of the initial complaint
• Early preservation of medical records, police reports, and surveillance footage
• Proactive expert consultations and case strategy sessions

You’ll Always Know What’s Happening

We keep you informed through every phase of the case. You’ll never have to wonder if your claim is stalled or being ignored. You’ll get:

• Regular case updates in plain language—no legal jargon
• Clear explanations of what’s next and what we need from you
• Responsive access to your attorney when questions come up

You shouldn’t have to chase down your law firm. When you work with Rosengard Law Group, we chase justice for you—and we keep you in the loop at every step.

Final Thoughts – Know What’s Ahead So You’re Ready

Filing a wrongful death lawsuit is a powerful step toward accountability—but knowing what happens next helps you stay confident and in control. With the right legal team, the process doesn’t have to feel overwhelming.

At Rosengard Law Group, we’ve helped families across New Jersey navigate every phase of the wrongful death lawsuit process—from investigation to resolution. We handle the paperwork, the pressure, and the courtroom—so you can focus on healing.

Want to learn more about how New Jersey’s civil litigation system works? Visit the official New Jersey Judiciary Civil Cases Resource Center for more background on court procedures and timelines.

When you’re ready to move forward, we’re here to help. Schedule a free consultation with Rosengard Law Group today and get clear answers about what comes next—and how to protect your family every step of the way.

FAQs – Wrongful Death Litigation Steps in NJ

How long does a wrongful death lawsuit take in NJ?

Most wrongful death cases in New Jersey take between 12 to 18 months from the date the lawsuit is filed. If the case goes to trial or involves multiple defendants, it can take longer—sometimes over two years. Early settlements may resolve in under a year.

Do most wrongful death cases settle or go to trial?

The majority of wrongful death cases settle before going to trial. Once both sides complete discovery and assess the strength of the evidence, settlement is often the preferred path—especially when liability is clear and damages are well-documented.

Can the case be delayed by the other side?

Yes. Insurance companies and defense lawyers sometimes use delay tactics, such as filing unnecessary motions or disputing evidence. Rosengard Law Group aggressively pushes back against stalling and works to keep your case moving forward.

Will I have to testify in court?

Possibly. If your case goes to trial, you may be asked to testify about your relationship with the deceased, the impact of the loss, or your financial dependence. We fully prepare you and stand beside you through every part of the process.

What if we get a settlement offer early on?

Early settlement offers are common—but often too low. We’ll review the offer, compare it to the full value of your case, and advise whether to negotiate or reject. You’ll never be pressured into a settlement that doesn’t serve your family’s best interests.