After an accident that causes injuries or that takes a life, you might not know what to do next. You might wonder how to hold someone responsible for what happened and how you are supposed to make up for your loss, both financially and emotionally.
To seek compensation after an accident, you should consider hiring a Columbia, MO fatal accident lawyer from AW Smith Law Firm. Our compassionate wrongful death attorneys can support you, your family, and your effort in pursuing legal compensation in court or with an insurance company.
An attorney experienced in wrongful death accidents can provide practical help in the wake of traumatic events that hurt you or your loved ones. From first steps to bringing a claim, having legal counsel on your side can make the process easier.
First, an attorney can listen to your description of what happened and evaluate your options. If you have a potential claim, a lawyer can work with you to gather evidence of the accident, interview eyewitnesses, procure police reports and surveillance footage, and get documentation of injuries and damage.
Then, an attorney can file your claim with the at-fault person’s insurance company or in a court of law, depending on the circumstances. Your lawyer can ensure your claim has the necessary evidence behind it and meets the applicable technical requirements set by the insurer or court that will handle your claim.
Hiring a fatal accident attorney in Columbia means someone can fight on your behalf to get you what you deserve. A lawyer could push back against an insurance company wanting to pay out less money or represent you in court.
Exactly what your attorney should know will depend on your specific case, but when hiring a lawyer to trust with your claim, you should know a few basics that will affect your case.
For example, your attorney should be mindful of the statute of limitations. For most personal injury cases, a claim must be filed within five years of the injury under Missouri Revised Statutes § 516.120. However, claims for wrongful death can have a shorter or longer timeframe depending on how long the deceased person lived after the initial event. Per Mo. Rev. Stat. § 516.100, the statute of limitations is three years after death, rather than after the accident.
Your attorney should also be familiar with the core concepts of negligence, the legal responsibility of one person for another’s injuries based on unreasonable behavior. Negligence claims require proof of four elements: duty of care, breach of that duty, causation, and damages. Your lawyer should be able to apply these ideas to your case.
Also, your attorney should know how the state portions out fault and damages for injuries. As set by Mo. Rev. Stat. § 537.067, you might only be able to prove the person you sue was partly responsible for what happened, and they might owe damages only for their portion of blame if it is less than 51 percent.
Ultimately, your Columbia lawyer can confront these questions of legal procedure and of the substance of your case to guide your fatal accident claim to its conclusion.
Seeking legal compensation by hiring a Columbia fatal accident lawyer can be the first step to financial recovery. We understand no amount of money can make up for the loss of your loved one, but it could relieve some stress and allow you more space to heal.
At AW Smith Law Firm, our attorneys can work with you on your budget and provide a free consultation on your case. Call our office today to schedule an appointment.
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