When a loved one dies because of another individual’s unjust, negligent, or wrongful conduct, figuring out what to do next is even more difficult. Although nothing can take the place of a person’s life or completely heal that wound, families can be compensated when they win a wrongful death lawsuit.
Working with a compassionate wrongful death attorney is the best first step for you to take to hold the at-fault party accountable when you have a potential claim. Grieving families are often unsure about the success of their potential lawsuit or worry about the associated stress. You need a dedicated team of professionals who will fight on your behalf. Our board-certified attorneys at AW Smith Law Firm are ready to help you get the best possible outcome from your Columbia, MO wrongful death settlement.
Wrongful death cases arise when a person dies due to the negligence or wrongful act of another party. These cases allow surviving family members to seek compensation for their loss.
Missouri Revised Statutes § 537.080 establishes the guidelines for wrongful death cases. The state follows a comparative fault negligence model, which means when the deceased was partially at fault for the incident that caused their death, the compensation awarded may be reduced by their percentage of fault.
The statute of limitations for filing a wrongful death lawsuit is three years from the deceased person’s death. The right to sue is often lost if a lawsuit is not filed within this period. Because there is so much on the line, hiring an attorney in Columbia to assist you with the wrongful death settlement process is wise.
Most wrongful death cases require interacting with insurance companies. It is typical for insurance companies representing the at-fault party to negotiate on their customer’s behalf. Insurance companies are dedicated to protecting their economic assets, meaning they will offer quick, insufficient settlements to plaintiffs who do not have a legal professional handling negotiations for them. These companies hope that they can pressure plaintiffs to settle promptly for less than they deserve. Do not face insurance companies on your own when you have a wrongful death claim. Contact AW Smith Law Firm to negotiate on your behalf.
Many wrongful death cases settle out of court, meaning they do not appear before a judge and jury for trial. The parties can work out an agreement between themselves. The at-fault party will usually agree to pay an amount to the plaintiff’s family or estate that can help the family pay damages like the costs of the funeral or any outstanding medical bills, as well as their own pain and suffering. Our attorneys will fight to make sure you get the best offer possible.
Hiring a lawyer to assist with the settlement process in a wrongful death case can provide numerous benefits and significantly improve the likelihood of a favorable outcome. An experienced lawyer has a strong understanding of Missouri’s wrongful death statutes and relevant case law and will be able to advise you as to whether you should settle or go to court.
Establishing liability in a wrongful death case requires demonstrating that the defendant’s actions are the cause of death. Our lawyers have the resources to conduct thorough investigations, gather necessary evidence, and consult with experts to build a strong case.
If you are inclined to settle your case, our attorneys in Columbia are skilled negotiators who can engage with insurance companies and opposing counsel to negotiate a fair wrongful death settlement, ensuring that clients receive adequate compensation. We can accurately assess the value of your claim, and factor all possible damages, including economic losses, non-economic damages, and potential punitive damages.
When you have lost a loved one due to another’s negligence, contacting a lawyer may be one of the last things you want to do. However, you should not handle the difficulties of the legal system on your own. Columbia wrongful death settlements can be complex and intense. Having a lawyer on your side could relieve some stress and allow you to focus on healing.
We work with many clients on a contingency basis. Reach out to AW Smith Law Firm today for a consultation.
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