Losing a loved one is devastating, but when their death is due to another’s carelessness, your pain is accompanied by a sense of injustice. A legal remedy is available to help families seek justice. Wrongful death cases are legal claims that arise when a person’s demise occurs due to the actions of another individual or entity. Determining the at-fault party is a critical step in the legal process.
At AW Smith Law Firm, our seasoned wrongful death attorneys are committed to meticulously investigating the circumstances of your loved one’s passing. We strive to uncover the truth and hold those at fault accountable. Our team has experience determining negligence in Columbia, MO wrongful death claims and can help you craft the strongest case possible.
The key to proving negligence in your case relies on sufficiently showing four factors.
First, you must prove that a duty of care to the deceased person existed. This duty varies depending on the relationship between the parties, like a doctor and patient or driver and pedestrian. Next, you must show that the responsible party breached their duty of care. That means they acted in a way that deviated from the standard of care expected in similar circumstances. To establish negligence and prove a breach of duty, it is necessary to consider what the standard of care was or the amount of caution a reasonable person would have exercised in those circumstances. That also means you must show that the defendant’s actions or lack of action fell short of the expected standard of care. The breach of duty must have been reasonably foreseeable.
Third, you must prove causation, meaning you must show the defendant’s actions were the direct cause of death. One commonly used test to establish causation is the “but-for” test, which asks whether the deceased’s passing would have occurred “but for” the defendant’s carelessness. If the defendant’s actions were reasonably foreseeable to result in harm or demise, then causation can be established. You should also provide evidence showing nothing or no one else caused the death.
Finally, you must show there were damages because of the person’s passing. That includes economic and non-economic damages. Economic damages refer to losses that can be quantified in monetary terms. They can include expenses like medical costs incurred before the deceased passed away, funeral expenses, and property damages. Non-economic damages are less tangible. They include things like pain and suffering and emotional damage.
If you are pursuing a wrongful death claim in Columbia, it is important to consult with the experienced attorneys at AW Smith Law Firm to determine negligence.
To prove your case, you need to have convincing evidence. You should keep all photos, medical records, and bills that could be used as evidence in court hearings or settlement discussions. An autopsy can offer critical information about the circumstances of death, including any physical trauma or medical conditions that contributed to the person’s passing. A doctor’s report that notes all the injuries is very important. Accurate documentation will later be used as evidence in court or settlement negotiations to justify the demanded compensation. A doctor should note when and where injuries occurred because defendants regularly argue that the injuries worsened due to the plaintiff’s inaction, which would affect the total damages.
It is also helpful to get the names and contact information of any witnesses so that they can testify about what they saw. Expert witnesses often prove to be useful, and an attorney can help you find some that would be helpful to your case. Further, writing down a personal recollection of what occurred is also a good idea. An attorney in Columbia who has experience in wrongful death claims will assist in collecting evidence on your behalf to prove negligence.
If you have lost someone you love due to another person’s careless conduct, you have a legal right to seek compensation.
Proving the required factors, collecting evidence, and creating a strong argument can feel overwhelming. Hire AW Smith Law Firm to assist you in seeking compensation for your losses. Contact our office today to schedule a consultation.
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