If you have lost a loved one as the result of an accident, you might bring a wrongful death action on their behalf. With the help of a diligent wrongful death attorney, you can get compensation from a responsible person or entity.
You might wonder about the role of witnesses in Columbia, MO wrongful death cases and how witnesses can bolster your claim. At the AW Smith Law Firm, our lawyers can help you find witnesses and have them support your case before and at trial.
Only certain people can bring wrongful death actions. As laid out by Missouri Revised Statutes § 537.080, the following people can bring the action on behalf of the deceased in order of priority:
Second, you should have an idea of the damages you can get from a wrongful death suit. Wrongful death lawsuits can get compensation for funerary expenses, the deceased’s services to the household, and their relationship. When you work with an attorney from AW Smith Law Firm, you could also get damages from the time before death, such as medical costs and the deceased’s pain and suffering under Mo. Rev. Stat. § 537.090.
Third, you may need to file your wrongful death action quickly. The state’s statute of limitations is three years from the time of death. The timing may also affect how witnesses in Columbia remember the events of an accident that led to a wrongful death case, as well as what can be proven about the accident and your damages.
Witnesses may be key sources of evidence about an accident that caused a death. Eyewitnesses can inform a judge or jury about who did what, where, and how, all with the goal of getting to the truth of the matter.
Wrongful death actions coming out of accidents usually rely on negligence, the legal responsibility of one person for the injuries to another, based on their unreasonable behavior. Negligence requires proof of four elements:
The role of witnesses may be to prove one or more of these elements, or to set the scene and give more information. Witnesses can also provide evidence of damages, providing a person’s word and testimony on top of other documentation.
How exactly witnesses play a role in a Columbia wrongful death case will depend on the action at hand. An attorney at AW Smith Law Firm can demonstrate how a witness can assist by giving testimony and what to watch out for when calling witnesses in court.
As you prepare to file and pursue a wrongful death claim, you should discuss with your attorney what witnesses will be a part of the litigation and process and how. Your lawyer can look to use witnesses to help you prove each element of your claim and that you and your family deserve compensation.
Ask our attorneys at the AW Smith Law Firm about the role of witnesses in Columbia, MO wrongful death cases. Call our offices for a free consultation and see how we can best support you and your claim.
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