When an accident takes the life of someone you love, you might be able to bring a claim on their behalf. While compensation can never replace a person you cared for, it can make up for the cost of the accident.
Gathering evidence in Columbia, MO wrongful death cases sets the stage for bringing a claim on behalf of the deceased, and you may need help from a hard-working wrongful death attorney after an accident. The lawyers at A.W. Smith Law Firm stand ready to help you bring together the facts you need to bring a claim.
The first thing you must know about wrongful death actions is that only certain people can file them. The action is brought on behalf of the person who has passed away. Missouri Revised Statutes § 537.080 defines who the plaintiff can be, based on their relationship with the deceased.
In order of priority, the person allowed to bring a wrongful death claim must be one of the following:
The damages from a wrongful death suit differ from typical personal injury damages. Wrongful death actions can get compensation for funeral and burial expenses, the value of the deceased’s services to the household, and the value of their relationship with the plaintiff. You might also be able to sue for damages from the time between the accident and the time of death, such as medical expenses and the deceased’s pain and suffering per Mo. Rev. Stat. § 537.090.
You may need to file your action quickly. The state has a statute of limitations of only three years from the time of death, whereas personal injury suits have five years from the time of an accident. Although three years may seem like plenty of time, gathering evidence for a wrongful death claim in Columbia should be done shortly after an accident occurs, and you and your attorney may need additional time and resources to prove your claim.
An attorney at A.W. Smith Law Firm can help you gather evidence of several important items. You may need to prove you are someone allowed to bring a wrongful death suit as listed above, such as showing documentation of your relationship with the deceased.
Your claim will depend on the evidence of the fault of whoever caused the accident that took the life of your loved one. Your claim might be based on the other party’s negligence – the unreasonable behavior that caused the death –and you will need evidence to prove four elements: duty of care, breach of that duty, causation, and damages.
The evidence you will need for each element will depend on the specific circumstances of the accident and death, but your attorney can interview witnesses and bring together proof of what happened, such as video surveillance footage, police reports, and photos of the scene. Through these pieces of evidence and information about the other party, which may come out during litigation, you can show they caused the death of your loved one and should pay damages.
Some evidence may disappear or fade the longer you wait after an accident. For example, the location of an accident in or around Columbia could get cleaned up or changed, and witnesses’ memories can become less clear over time. The sooner you can start working with an attorney to gather evidence for a wrongful death case, the better.
Taking stock of an accident that resulted in death is no easy task, and you may not know how to gather evidence on your own. With the help of an attorney, you can focus on taking care of your family and grieving rather than investigating an accident.
Our attorneys at AW Smith Law Firm can bring experience and resources to gathering evidence in Columbia wrongful death cases, all with the purpose of supporting you and your family during the most difficult of times. We can provide a free consultation and a contingency fee arrangement where we get paid only when you do.
Contact our office for more information today.
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