Columbia, MO Wrongful Death Attorney

Settling a Wrongful Death Claim in Missouri

When a loved one dies as the 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. You need someone you can trust to guide you through the legal process of seeking compensation for your loss. Aaron Sachs & Associates, P.C. is here to help you through this difficult time. Our team understands the complexities involved and is committed to providing compassionate support to make the legal journey as stress-free as possible for those in Columbia and surrounding areas.

Call (888) 287-1046 or contact us online to schedule a free consultation with a wrongful death attorney in Columbia.

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.

In a wrongful death claim, the victim's family can sue the at-fault party for monetary compensation for damages, such as:

• Funeral and burial expenses
• Medical expenses incurred by the deceased person before their untimely passing
• Pain and suffering
• Emotional turmoil
• Loss of support
• Loss of consortium
• Loss of inheritance
• Punitive damages

The goal of a wrongful death claim is to help the victim's family recover compensation 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.

To succeed in a wrongful death claim in Missouri, 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.
• Death: Obviously, you must prove that a death occurred. This can be established through medical records, death certificates, and other evidence. Proper documentation is vital to ensure that the claim is supported by credible and undisputed evidence.

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. 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.

Here are the key parties who can typically file a wrongful death claim in Missouri:

• Surviving Spouse: The surviving spouse of the deceased person is usually the first person with the right to file a wrongful death claim in Missouri. If there is a surviving spouse, they generally have the exclusive right to bring the claim within the first 90 days after the death, making the timing of filing a critical factor in the process.
• Children: If there is no surviving spouse, the deceased person's children may have the right to file a wrongful death claim. This includes biological children, adopted children, and potentially stepchildren who were financially dependent on the deceased. Each category might have specific legal interpretations that can influence the way a claim is presented.
• Parents: If the deceased person is a minor child, the 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, the parents may have the right to file a claim if they were financially dependent on the deceased. Recognizing these rights is crucial for ensuring that affected parents receive the support they may need.
• Personal Representative of the Estate: If there are no surviving spouses, children, or dependent parents, 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, and their involvement is fundamental in cases where more direct family members are unavailable.
• Siblings and Other Relatives: In some cases, when there are no surviving spouses, children, parents, or a personal representative, Missouri law may allow siblings, other relatives, or individuals who were financially dependent on the deceased person to file a wrongful death claim. However, the rules governing this can be complex, and it's advisable to consult with a wrongful death attorney in Columbia to ensure that all potential claimants fully understand their position and rights.

Our Columbia wrongful death lawyer can help you file a claim for your loved one's estate if they died due to the negligence or wrongful act of another person or organization. We can help you seek compensation for your losses and ensure that the responsible party is held accountable for their actions. Our team offers a personalized approach, ensuring that each family receives the dedicated attention and legal guidance necessary for navigating these difficult times.

Wrongful Death FAQ

What types of damages can be recovered in a wrongful death case?

Damages may include funeral and burial expenses, medical costs related to the fatal injury, lost wages and benefits the deceased would have earned, pain and suffering the deceased experienced before death, and loss of companionship, guidance, and support for surviving family members.

How long do I have to file a wrongful death claim in Columbia, MO?

In Missouri, the statute of limitations is generally three years from the date of death. If you miss this deadline, you may lose your right to pursue compensation.

Do I need to prove negligence to win a wrongful death claim?

Yes. Similar to personal injury cases, you must prove that the at-fault party owed a duty of care, breached that duty, and that the breach directly caused the death and resulting damages.

How is compensation distributed among family members?

If multiple eligible family members are part of the claim, Missouri courts may determine how to divide the settlement or award fairly among them.

Can wrongful death claims involve criminal charges, too?

Yes. A wrongful death claim is a civil lawsuit, which seeks financial compensation. Criminal charges, if filed, are handled separately by the state and can result in penalties like jail or fines. Both can proceed independently.

Do I need an attorney for a wrongful death claim in Columbia?

Because these cases involve complex laws, multiple parties, and significant damages, our Columbia wrongful death lawyer can help families navigate the legal process and pursue maximum compensation.

Let Our Columbia Wrongful Death Lawyers 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.

Additionally, the experience of a wrongful death lawyer in Columbia with the local judicial system can provide invaluable insights. Aaron Sachs & Associates, P.C. 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.

Contact us today at (888) 287-1046 to let our Columbia wrongful death law firm help you obtain the justice and compensation you and your family deserve.