When a loved one has passed due to another person’s carelessness, figuring out what to do next can feel overwhelming. Navigating a lawsuit can be complex, especially when dealing with the emotional aftermath of a tragedy. State law provides a structured process for cases like yours that allows family members to seek compensation for their loss.
You have legal rights under the state’s wrongful death statute when you have lost someone you love due to another person’s carelessness. Wrongful death is defined as “the death of a person result[ing] from any act, conduct, occurrence, transaction, or circumstance which, if death had not occurred, would have entitled such person to recover damages.” In other words, a person may claim damages on behalf of a deceased loved one against the person who negligently or intentionally caused the victim’s death. You need a compassionate wrongful death attorney to help seek your compensation resulting from the loss of your loved one. Trust our experienced legal team at AW Smith Law Firm to be by your side throughout the Columbia, MO, wrongful death case process.
Under state law, certain people can seek damages in a wrongful death lawsuit. It is determined by their relationship to the victim. There are a few categories:
When you are unsure whether you would qualify or how your standing in a certain group affects your chances in the wrongful death case process in Columbia, the lawyers at AW Smith Law Firm could help.
When filing any claim, the first step is to hire an attorney who understands your circumstances and can tackle the legal system for you. Your attorney will investigate the facts of your case and will investigate the circumstances of the victim’s death, gather evidence, and identify liable parties.
The lawsuit begins with your lawyer drafting and filing a formal complaint in the appropriate court detailing the claims against the defendant(s). The defendants will be formally notified of the action against them. The case will begin, and the parties will exchange information through the discovery process, which includes depositions, interrogatories, and document requests to build your case.
Cases are often settled out of court through negotiations between the parties. When the parties cannot agree, the case proceeds to trial before a judge. The factfinder will determine liability and damages.
The statute of limitations for a wrongful death lawsuit is three years from the date of the deceased’s death. Failing to file within this period typically results in the loss of the right to sue. As a result, hiring a Columbia attorney who knows the process to follow and the deadlines affecting your wrongful death case is essential.
You must consult an attorney when someone you love has passed away due to another individual’s recklessness. Understanding the intricacies of the Columbia, MO wrongful death case process can help you navigate the legal system effectively. Speaking with our experienced legal team is crucial to protecting your family’s rights. Call us today for a free consultation.
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