Columbia Wrongful Death Lawyer
Losing a loved one due to the negligence of another person is a tragic experience no family should have to endure. Not only could their loss be painful to bear, but the financial burden that comes with funeral expenses and potential medical costs could leave your family in a financial bind. However, through civil action, surviving family members may be able to take legal action for compensation.
Though no amount of payment could make up for the passing of a family member, a compassionate attorney could help you and your family hold the at-fault party accountable. To learn more, reach out to a Columbia wrongful death lawyer today.
What Is a Wrongful Death Suit?
A wrongful death suit is when an individual passes away due to the negligence of another party. There are many different instances which wrongful death can occur, such as car accidents, medical malpractice, accidents in the workplace, and even a defective product. Wrongful death claims are extremely complex, which is why it is recommended to get in touch with our Columbia, Mo. wrongful death lawyer to begin filing suit on behalf of your lost loved one.
When Should I Contact a Wrongful Death Lawyer in Columbia, Mo.?
If a loved one has been involved in a wrongful death suit, it is best to get in touch with a trusted attorney right away. It is critical to file the suit before the statute of limitations expires and to provide your attorneys with the maximum amount of time to assemble your case and put together a compelling claim. In Missouri, the victim’s family has three years from the date of death to file suit. However, the suit must be filed as soon as possible to ensure you receive the maximum damages owed to you.
Who Can File a Wrongful Death Claim in Columbia, Mo.?
When someone dies as a result of another’s negligence, their death does not eliminate the right to recover damages. Instead, the deceased’s kin may bring a claim on their behalf. Under Revised Statutes of Missouri § 537.080, only certain relatives of the deceased may sue for wrongful death damages.
Those able to bring forth a wrongful death claim include a spouse, child, or parent of the deceased. If the deceased has no children, parents, or spouse, a brother or sister, or the brother’s/sister’s descendants may bring a wrongful death action. Otherwise, the court may appoint a representative to file a claim on the deceased’s behalf.
What is the Deadline to File a Wrongful Death Claim?
Under Mo. Rev. Stat. § 537.100, anyone recovering from a wrongful death must file their lawsuit within three years from the day their loved one passed away. If medical malpractice is the basis for the claim, this time limit gets extended to two years. A proactive attorney in Columbia could help a family adhere to these time limits and protect the strength of their wrongful death claim.
Damages in a Wrongful Death Case
In most wrongful death cases, a judge or jury would determine the damages awarded to the plaintiff. The following is a list of typical damages that may be available in a wrongful death case:
- Medical bills resulting from the injuries or illness before death
- Deceased’s lost past and future income
- Funeral expenses
- Deceased’s physical pain and mental suffering before death
- Family member’s emotional anguish and suffering as a result of the death
- Loss of society
Loss of society, also known as loss of consortium, protects the emotional or psychological aspects of family relationships lost due to the wrongful death. The judge or jury reviews several factors and what is just and fair for the emotionally driven damage categories. This includes ascribing a value to the deceased’s services, companionship, comfort, guidance, and protection no longer available to surviving kin. Additionally, damages may vary depending on the age of the deceased. Special rules guide judges and juries if the deceased was especially young or old.
It can be challenging for a family to understand the full scope of compensation they deserve, but a seasoned lawyer in Columbia could assess the wrongful death claim and help them advocate for substantial monetary damages.
How Long Does a Wrongful Death Lawsuit Take to Settle?
The length at which it takes for a wrongful death lawsuit to settle depends on the nature of the case. It depends on how the death occurred, who is liable, and the implications surrounding the death of your loved one. In some cases, a wrongful death suit could be resolved in a matter of months, however, others can span much greater amounts of time. If your loved one has been the victim of a wrongful death, it is best to contact a Columbia, Mo. wrongful death lawyer to begin filing your case.
How much does it cost to hire a wrongful death lawyer in Columbia, Mo.?
At The Mutrux Firm, we work on a contingency basis, which means that we only get paid if we win your case, and would take a percentage of the compensation awarded. When consulting with your lawyer, it is important to discuss fees so you know what to expect when your case settles.
Schedule a Consultation with a Columbia, Mo. Wrongful Death Attorney
As a survivor, you have the ability to pursue the wrongdoer for damages stemming from the death of a loved one. The person or entity at fault for the accident, injury, or illness should be held accountable.
An attorney could help you review your options for legal recovery. The aftermath of a death is confusing and painful. Empathetic legal counsel could stand by your side and advocate for your rights. Contact a Columbia wrongful death lawyer today to learn more.
Columbia, Mo. Wrongful Death Lawyer FAQ
What information should I bring to the initial consultation?
Bring any documents related to the case, including accident reports, medical records, and correspondence with insurance companies. Providing a detailed account of the incident is essential.
Can family members other than spouses and children file a wrongful death claim?
In Missouri, certain family members such as parents, grandparents, and siblings may be eligible to file a wrongful death claim. An attorney can help determine who has the legal right to file the claim.
What if the responsible party is uninsured or underinsured?
Your lawyer will explore all potential sources of compensation, including your own insurance policies that may provide coverage for uninsured or underinsured motorists.