The loss of a loved one causes both immense emotional anguish and significant financial challenges. Navigating their death while dealing with potential medical expenses, funeral costs, and the loss of their income can be overwhelming. If another party’s negligence caused the death of your loved one, filing a Rolla wrongful death action could not only hold them accountable for their actions but also help you recover compensation for the financial challenges you are facing.
The experienced wrongful death lawyers at AW Smith Law are here to help you proceed with your claim by communicating with the liable party and their insurance company and collecting evidence to get you the compensation you deserve.
There are several steps involved in filing a Rolla wrongful death claim and ensuring you have grounds for compensation.
To file a wrongful death claim, the family of the deceased must show that another party breached their duty of care at the time of their loved one’s fatal accident. This may be a direct duty of care, such as how an employer must ensure their workers have a safe work environment to carry out their job responsibilities. In other cases, it may be an implied duty of care, such as the duty drivers have to pedestrians and cyclists on the road.
A breach of duty constitutes a failure to take steps that a reasonable person, under the same circumstances, would have taken to avoid accident or injury.
Filing a wrongful death claim in Rolla also requires the family’s lawyer to establish that the defendant’s negligent actions caused the deceased’s fatal accident. In some cases, negligence can exist without contributing to the individual’s death. For example, a broken guardrail on one side of a building likely did not contribute to a devastating fall on the other. To file a claim against any party, the family must show that the liable party’s breach of duty directly contributed to their loved one’s death.
Most of the time, the deceased’s closest family member has the right to file a wrongful death action. In some cases, the estate might be able to move forward with a claim even if there are no family members around to seek compensation. A skilled Rolla lawyer could examine your case to determine who has the right to file a wrongful death action.
It is important to note that families can only file one wrongful death action after the loss of a loved one, even if multiple parties have the right to do so.
The family of the deceased must outline the damages they sustained because of their loved one’s death when filing a wrongful death claim in Rolla. These claims frequently include several losses, including funeral and burial expenses, the loss of their loved one’s income and the services they provided for the family, and even the family’s emotional pain and suffering.
Dealing with the loss of a loved one is traumatic enough. As you move forward with filing a Rolla wrongful death action, the liable party’s insurance company may make it even more difficult for you and your family to get the compensation you deserve. At AW Smith Law, we strive to help our clients receive justice after the loss of a loved one. Contact us to learn how we could help you.
© The A.W. Smith Law Firm, P.C. 2025. All rights reserved.
