Experienced Jefferson City Wrongful Death Lawyer Protecting Your Family’s Rights
The accidental death of a family member is naturally painful. Legal action may bring some relief when the death in a fatal accident was due to another person or company’s actions or inactions. A wrongful death claim seeks to balance the harm and compensate the survivors and family members’ losses, such as lost wages from the deceased, funeral expenses, medical bills, and loss of the relationship (companionship).
Wrongful death claims may result from car and truck accidents, motorcycle accidents, fires, defective products, electrocutions, falls, work accidents, medical malpractice, and many other varieties. At Grayson & Grayson, we sensitively and skillfully represent the interests of surviving loved ones and other plaintiffs in wrongful death claims.
What a Wrongful Death Attorney Can Do for You
Wrongful death cases are difficult and complex, but our lawyers are experienced at managing all their aspects efficiently and effectively. After the loss of a family member, you may experience intense and painful feelings. During the time following the loss, you need to focus on working through the grieving process and being with other family members, not litigation and lawyers.
Getting the compensation you deserve does not just mean sending in a claim form to an insurer. Insurance companies hire attorneys who aggressively fight to undermine the plaintiff’s claim. At Grayson & Grayson, we have experience standing in the gap for families in grief after fatal accidents. We will fight to protect your claim and assist you through the legal process.
A wrongful death claim may be filed by various survivors and family members. Typically, parties that can file a claim are the immediate family members, financial dependents, children and spouses. Our experience can lead the way for you as you seek the compensation you deserve after a loved one’s accidental death.
Contacting a personal injury or wrongful death lawyer at Grayson & Grayson is free. We will review the accident that caused you or your loved one’s injury. We are here to address any concerns you have about a wrongful death case.
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.
Medical Records
Emergency care records and other medical records can play a large role in wrongful death cases. If your loved one received medical care before passing away, these records will document the care and help your attorney clearly present the facts of your case. These records may also include an autopsy report. Autopsy reports are very helpful in establishing the cause of the death. This report shows the time the incident occurred and the probable cause of death. Therefore, if you lose a loved one due to another’s actions or inaction, you should collect the names of hospitals, doctors, and others who provided medical care to your loved one so your attorney can help you collect these records.
Police Reports
When an accident occurs, police officers usually arrive at the scene to evaluate the situation and make reports. Police reports generally will describe the date, location, and statements made at the scene. If police were called, note the name of the department so your attorney can help you obtain the accident report. These reports help track down all the witnesses interviewed by the police and provide a general overview of what occurred. They can also help prove causation and negligence.
Common Questions About Wrongful Death Claims in Missouri
Losing a loved one is one of life’s most challenging experiences, and when that loss occurs due to someone else’s negligence, the pain can be compounded by confusion and uncertainty about your legal rights. As wrongful death attorneys serving Jefferson City families, we understand you have questions during this difficult time. Below, we’ve addressed some of the most common concerns our clients share about wrongful death claims in Missouri.
These answers are meant to provide general guidance, but please remember that every situation is unique. We encourage you to reach out to our legal team for personalized advice about your specific circumstances. Your family deserves clear, compassionate answers as you navigate this challenging journey.
What Are Examples of Wrongful Death?
Wrongful death refers to a situation whereby a person dies due to the negligence or misconduct of another party. As an example, in the context of product liability, this could mean a death caused by a defective or dangerous product. In a vehicle accident, wrongful death would refer to actions by another motorist or another negligent party whose mistakes or wrongdoings, such as distracted driving resulted in a fatality.
Who Can File a Wrongful Death Claim?
In Missouri, the personal representative of the deceased person’s estate must file the wrongful death claim on behalf of certain surviving family members, such as the spouse, children or parents of the deceased.
How Do You Prove Negligence in a Wrongful Death Claim?
To prove negligence in a wrongful death claim, you typically need to demonstrate that the responsible party had a duty of care, breached that duty through their actions or inactions, and that this breach directly caused the death.
How Long Do I Have to File a Wrongful Death Claim?
You generally have three years in Missouri from the date of death to file a wrongful death claim. It is important to consult with an attorney promptly to understand and meet all deadlines.
Who Gets the Compensation in a Wrongful Death Lawsuit?
Compensation awarded in a wrongful death lawsuit is typically distributed to the surviving family members who are entitled to recover damages based on their relationship with the deceased and the losses they suffered. Spouses, minor children or parents are the most common qualifying plaintiffs in wrongful death cases.
Is There an Average Wrongful Death Settlement in Missouri?
There is no specific average settlement amount for wrongful death cases in Missouri, as each case varies depending on factors like the circumstances of the death, the impact on surviving family members, and the strength of the evidence presented. Settlement amounts can range significantly. Skillful legal counsel can have an impact on the compensation awarded to survivors.
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.
Schedule a Case Evaluation With a Wrongful Death Lawyer
The aftermath of losing a loved one is overwhelming enough without having to navigate complex legal matters alone. Our experienced wrongful death lawyers are here to help you understand your rights and guide you through every step of the legal process. We offer confidential consultations where we’ll listen to your story, answer your questions and help you understand your legal options. Don’t let concerns about legal fees hold you back – we work on a contingency basis, which means you pay nothing unless we win your case. Contact our office today at 573-255-8997 or send us an email to schedule your consultation and take the first step toward seeking justice for your loved one.