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Commonly Asked Questions About Wrongful Death Claims

On Behalf of | Mar 21, 2024 | Wrongful Death

When a person passes away as a result of another’s misconduct or negligence, this heartbreaking situation may give rise to a wrongful death claim. Wrongful death situations often raise questions for family members who wonder what options are available. A Missouri wrongful death attorney can help answer any of these questions and provide assistance with pursuing a claim.

1. What is required to pursue a wrongful death claim?
In general, to pursue a wrongful death claim, there must be evidence to show that a person’s death was caused by the negligence of another individual. This is not always easy to show and may require the assistance of expert witnesses to prove the cause of death was in fact due to negligence rather than another cause.

Wrongful death claims should be supported by documents and other records that can prove the necessary legal elements. Obtaining the right documents and making sure you have all of the correct information can be difficult, especially at a trying time after a loved one’s death. This is where a Missouri wrongful death attorney can help. An attorney can determine what evidence is needed to prove your case, and can help you obtain all such evidence.

2. Who can pursue a wrongful death claim?
Generally, surviving family members can pursue wrongful death claims. Whether this is applicable or not depends on the surviving person’s relationship with the deceased individual. In some situations, the surviving person may also have a claim for certain damages as well. To determine whether you qualify as a person who can pursue a wrongful death claim as well as additional damages, contact a Missouri wrongful death lawyer.

3. How much money should you request in your claim?
The amount that should be claimed varies in each case and depends upon a variety of factors. To be certain you claim an amount that is appropriate under the circumstances, you should consult with a skilled professional who knows the applicable laws and has experience handling cases like yours. A skilled attorney will be able to help you determine the right amount for your specific circumstance.

4. What if I cannot afford an attorney?
In many wrongful death cases, the attorney will work on a contingent fee basis. This means that no upfront payment is required. Instead, the attorney receives a certain percentage from any settlement funds that are recovered when the case is finished. This gives the attorney an incentive to maximize the amount you receive as compensation under the claim.

If you have additional questions about wrongful death, would like more information, or would like to pursue a claim, our attorneys can help you. Contact Grayson & Grayson today to get the help you need.