Wrongful death claims are both emotionally challenging and legally complex. In addition to dealing with your grief, you will likely need to pursue compensation for your and your family’s losses. Calculating loss in a wrongful death claim considers the health of your loved one at the time of their death. Independent medical exams in Columbia, MO wrongful death cases are a difficult but often necessary component in making this assessment. While you focus on healing, an experienced wrongful death attorney at AW Smith Law could take the legal actions necessary to help you secure a fair settlement.
A successful wrongful death insurance claim requires proof of several elements. You must show that the at-fault party owed the decedent a duty of care and breached this duty in some way, leading to your loved one’s fatal accident. Your family must also establish legal damages resulting from the loss.
Insurance companies often employ an independent medical exam (IME) to cast doubt on the cause and effect necessary for a solid accidental death claim in Columbia, MO. Our experienced lawyers at AW Smith Law could address these tactics and help preserve the strength of your claim.
Independent medical exams (IMEs) are exams by medical professionals who did not care for or treat the decedent before their wrongful death. IMEs are common in personal injury claims in which the injured party survives. In negligent death claims in Columbia, MO, an IME generally includes a forensic medical review or a report from an expert medical witness.
The insurance companies often use IMEs to assess claims of wrongful death by reviewing the evidence, including medical records, and challenging the underlying elements.
In a wrongful death case, you may seek compensation for the immense losses associated with losing a loved one. The health status of the decedent at the time of their fatal accident is a key variable in calculating total losses. An IME serves many purposes as an accidental death case moves forward in the legal process.
The insurance company handling the wrongful death claim in Columbia may hire a medical record review regarding the health of the decedent at the time of the accident. The goal is to challenge that the identified party caused the death through negligence. The insurance company may also use the IME to challenge the extent of the identified person or entity’s responsibility.
The IME may provide a professional opinion about how certain lifestyle choices or preexisting health conditions may have caused or contributed to the decedent’s passing.
Another motivation for hiring an IME is to demonstrate that the injuries the decedent suffered were not serious enough to cause death.
Insurers may use an IME to attempt to decrease the decedent’s life expectancy and lower the calculated value of the losses and potential settlement.
IMEs are tools generally used to weaken wrongful death claims. Our experienced lawyers at AW Smith Law are familiar with successfully pursuing just compensation even in cases where IMEs are used to minimize payment.
Preparing for independent medical exams in Columbia, MO wrongful death cases is a complex process. If you have lost a loved one to someone else’s negligence, skilled legal representation may make a significant difference in the outcome of your claim. Our seasoned wrongful death attorneys at AW Smith Law have earned a solid reputation for handling even the most challenging claims successfully, and we are here for you, too. Contact us today to schedule a consultation.
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