Talking to Insurance Companies After a Wrongful Death in Columbia, MO

There are few negligence-based claims as legally or emotionally challenging as those involving wrongful death. Not only are you and your family experiencing intense grief, but there are also legal complications and detailed processes to navigate when filing a claim.

Talking to insurance companies after a wrongful death in Columbia, MO may be stressful, but an experienced wrongful death attorney could handle these communications on your behalf while you focus on your family’s emotional recovery. Contact AW Smith Law today to schedule a consultation.

What Does Proving a Wrongful Death Claim Entail?

You can file your wrongful death claim with the insurance company that represents the at-fault parties involved. Your Columbia, MO, lawyer could communicate with insurers on your behalf and ensure several legal requirements apply to your case, such as:

• The at-fault party owed the decedent a duty of care, meaning they had a responsibility for their safety
• The at-fault party failed to live up to this duty, constituting negligence
• The at-fault party’s negligence directly caused your loved one’s fatal accident
• The decedent’s survivors suffered losses that are covered by the law

Your attorney can further explain these necessary elements during an initial consultation.

Who Can File the Wrongful Death Claim?

In Missouri, only specific individuals are authorized to file wrongful death claims. These include the following, in order:

• The decedant’s surviving spouse
• The decedant’s surviving children
• The decedant’s surviving parents
• The decedant’s surviving siblings

If the decedant has no surviving family members in these categories, a representative will be appointed by the court on behalf of the estate.

The Decedent’s Final Medical Expenses

Those who lose their life as a result of another individual’s or entity’s negligence can become the decedent in an ensuing wrongful death claim. Common accidents leading to wrongful death claims include fatal car or pedestrian wrecks caused by driver negligence and slip and falls due to hazardous conditions on private or public premises.

Medical Care Before Death

Many people who are fatally injured in dangerous accidents do not succumb to their injuries immediately. In the days leading up to their passing, significant medical bills are likely to mount. These final medical expenses are usually filed with the decedent’s health insurance provider.

Compensation for the Medical Bills Paid

Once your wrongful death claim is near finalization, the decedent’s health insurance provider will seek compensation for the medical bills they covered before the decedent’s death from the at-fault party’s insurance company. Because this can directly affect your settlement amount, it is important to work with a Columbia, MO attorney who can handle communications between the two insurance companies and advocate for your family’s recovery.

Seeking Fair Compensation

In a wrongful death claim, you and your family can seek compensation for both economic and non-economic damages, including:

• The income your loved one would have continued to contribute to the household
• Loss of inheritance
• The services that your loved one would have continued to provide to the household, such as childcare or maintenance duties
• The guidance that your loved one would have passed on, such as to their surviving children
• The pain and suffering your family has experienced following the loss of your loved one

Finally, your claim could address the decedent’s funeral and burial expenses, as well as the pain and suffering they endured post-accident, before their death. These losses are addressed in survival actions, which are often filed alongside wrongful death claims.

During a case evaluation, your Columbia, MO attorney could detail how negotiations with insurance companies may affect your wrongful death claim and the damages you are able to collect through a settlement offer or lawsuit.

Contact an Experienced Columbia, MO Wrongful Death Lawyer for Help Talking to Insurance Companies

Talking to insurance companies after a wrongful death in Columbia, MO is a challenging endeavor that is best left in the capable hands of a seasoned legal representative. Our compassionate wrongful death attorneys at AW Smith Law are well prepared to fiercely advocate for your claim’s best possible resolution. Contact us today to learn more about how we could help you.