When a loved one dies as a result of another person’s or organization’s negligent or wrongful act, you and your family are left to deal with the aftermath. You may be overwhelmed by grief, unsure of where to turn for help, and worried about how you will make ends meet.
Our personal injury law firm can guide you through the legal process of seeking compensation for your loss. At Aaron Sachs & Associates, our wrongful death lawyers in Columbia are here to help you through this difficult time.
Our team has handled over 10,000 cases. We understand the complexities involved and are committed to providing compassionate support to make the legal journey as stress-free as possible. Contact us today to schedule a free case consultation with a personal injury lawyer in Columbia.
How Our Columbia Wrongful Death Lawyers Can Help You
Filing a wrongful death claim in Columbia, Missouri involves understanding local laws and how they can affect the timeline and strategy of your claim.
The statutes and legal precedents in Missouri govern important aspects such as the time limits for filing claims and how damages are calculated. It’s also crucial to be aware of any local court rules that might impact the filing process.
Aaron Sachs & Associates is familiar with the local courts, which can assist in anticipating challenges and effectively advocating for your case under Missouri law. We prioritize staying up-to-date with local legal developments to best serve our clients.
For a free legal consultation with a wrongful death lawyer serving Columbia, call 417-777-7777
What Is a Wrongful Death Claim?
When someone dies as the result of another person’s or organization’s negligent or wrongful act, the victim’s family may be eligible to file a wrongful death claim.
This claim serves the important function of seeking accountability and attempting to prevent similar tragedies by promoting safer practices among potentially liable parties.
Below are examples of instances where a wrongful death claim may be justified:
- A driver runs through a stop sign, causing an auto accident resulting in death.
- A property owner fails to fence off a dangerous hazard on their property, and it causes fatal injuries to a guest.
- A pedestrian is struck by a speeding driver while walking in a crosswalk.
- A construction worker is killed by defective machinery on their worksite.
- A truck on I-70 changes lanes without signaling and collides with another motorist.
If you are unsure of whether you have a case on your hands, our personal injury attorneys at Aaron Sachs & Associates can assess your situation and discuss legal strategy.
Columbia Wrongful Death Lawyer Near Me 417-777-7777
Proving Liability in a Wrongful Death Claim
To succeed in a wrongful death claim in Columbia, you typically need to prove several key elements:
Duty of Care
You must establish that the defendant owed a duty of care to the deceased person. This duty of care can vary depending on the circumstances. For example, a doctor owes a duty of care to their patients, while a driver owes a duty of care to others on the road.
Understanding the specific duty owed in your situation can make a significant difference in how you proceed with your claim.
Breach of Duty
You must show that the defendant breached their duty of care. This means they failed to act in a manner that a reasonably prudent person would under similar circumstances.
It’s essential to demonstrate that the defendant’s actions or inactions fell below the accepted standard of care, which can often involve witness testimony or detailed examination of the events leading up to the wrongful act.
Causation
You need to establish a direct link between the defendant’s breach of duty and the death of the person. This means proving that the defendant’s actions were the proximate cause of the death. In other words, the death would not have occurred but for the defendant’s negligence or wrongful act.
This element is crucial and requires careful analysis of both the facts and the chain of events involved.
Losses
Obviously, you must prove that a death occurred, resulting in losses for your family. This can be established through medical records, county death certificates, and evidence gathered by the Columbia Police Department, among other evidence.
Proper documentation is vital to ensure that the claim is supported by credible and undisputed evidence.
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Who Can File a Wrongful Death Claim in Missouri?
In Missouri, a wrongful death claim can be filed by specific individuals who are designated as “plaintiffs” under the state’s wrongful death statute, including the decedent’s spouse, children, and parents.
The purpose of a wrongful death claim is to provide compensation to surviving family members and dependents when a person’s death is caused by the wrongful act, neglect, default, or misconduct of another party.
According to RSMo 537.080, here are the key parties who can typically file a wrongful death claim in Missouri:
- Surviving Spouse and Children: The surviving spouse and children of the deceased are generally the first parties with the right to file a wrongful death claim.
- Parents: If the deceased person is a minor child, their parents may be able to file a wrongful death claim. Additionally, if the deceased person was an adult and had no surviving spouse or children, their parents may have the right to file a claim.
- Siblings: In some cases, when there are no surviving spouses, children, or parents, Missouri law may allow the decedent’s siblings or their descendants to file a wrongful death claim.
- Personal Representative of the Estate: If there are no surviving relatives who are eligible to file, the personal representative of the deceased person’s estate may file a wrongful death claim. This representative is typically named in the deceased person’s will or appointed by the court.
However, the rules governing this process can be complex, so you should consult with the Columbia wrongful death lawyers at Aaron Sachs & Associates.
We can help you file a claim for your loved one’s estate, seek compensation for your losses, and ensure the responsible party is held accountable for their actions.
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Compensation You Can Pursue in a Wrongful Death Claim
In a wrongful death claim, the victim’s family can sue the at-fault party for monetary compensation for losses, such as:
- Funeral and burial expenses
- Cost of medical care incurred by the deceased person before death
- Pain and suffering
- Emotional turmoil
- Loss of support
- Loss of consortium
- Loss of inheritance
- Punitive damages, in rare cases
The goal of a wrongful death claim is to help the victim’s family recover a fair settlement for their losses, as well as ensure that the at-fault party is held responsible for their actions. In doing so, these claims serve a broader societal role by promoting safety and accountability.
Our lawyers at Aaron Sachs & Associates have recovered many large settlements for our clients, including $8 million and $3.5 million for two families of wrongful death victims. Past case results do not guarantee future outcomes, and the value of your case will depend on your family’s unique losses.
How to File a Wrongful Death Claim in Columbia
The process of recovery after a wrongful death usually starts by filing a claim with the at-fault party’s insurance company. For example, after a fatal car accident, you would file a compensation claim with the driver’s liability insurance coverage.
After opening your compensation claim, the insurance company may send an adjuster to assess your losses, who will then provide a settlement offer. The initial settlement may be a lowball offer, but a personal injury lawyer can negotiate and push back against attempts to underpay.
If settlement talks fall through or the insurer denies your claim without reason, your lawyer can file a formal lawsuit in the Boone County Circuit Court. If your case goes to court, both sides will present evidence and arguments in a trial before a judge and jury.
Contact the Personal Injury Lawyers from Aaron Sachs & Associates Today
No amount of money can truly fill the void that losing a loved one can leave. But a wrongful death claim can help you manage your financial stress and give you stability for healing and moving forward. The personal injury attorneys at Aaron Sachs & Associates can seek justice and answers on your behalf.
Contact our offices today to schedule a free case consultation with a wrongful death lawyer in Columbia.
Call or text 417-777-7777 or complete a Free Case Evaluation form
