Wrongful Death Attorney Columbia MO

Have you recently lost someone close to you due to the actions or negligence of another party in Columbia, Missouri? If so, you’re likely going through a challenging time right now. In addition to the emotional aftermath of your loss, you may also be struggling to pay for your loved one’s medical expenses and funeral. In the long run, your life circumstances may be very different without your loved one’s support.

You could be eligible to receive financial compensation for these losses by filing a wrongful death insurance claim or lawsuit against the party at fault for your loved one’s passing. A Columbia, Missouri, wrongful death attorney with Holland Injury, LLC, can explain your legal options and help you seek what you may deserve. Contact us today for a free consultation, and let us help you demand justice and accountability for what you’ve suffered.

What is Wrongful Death in Columbia, MO?

Per Missouri law, a death is wrongful if it occurs as the result of an incident that would have entitled the decedent to compensation had they lived. Under the law, others may file a wrongful death claim or lawsuit on the decedent’s behalf if the decedent died because of the negligence, recklessness, intentional actions, or other legal fault of another party.

For example, someone who sustains injuries in a car wreck resulting from another party’s negligence can file a lawsuit against that party. If the injured person dies as a result, their surviving loved ones may file a wrongful death claim or lawsuit.

Common Causes of Wrongful Death in Columbia, MO

Wrongful death can occur under many different circumstances. Common causes of wrongful death include:

Car crashes
Truck crashes
Motorcycle crashes
ATV/UTV crashes
Bicycle wrecks
Pedestrian accidents
Burns and explosions
Defective medical/drug products and devices

Review your case with a wrongful death lawyer near Columbia, Missouri, if you’re not sure whether your loved one’s passing qualifies as wrongful death.

Who Can File a Wrongful Death Lawsuit in Columbia, MO?

Under Missouri law, the following parties may file wrongful death lawsuits:

The decedent’s spouse, children, lineal descendants of any deceased children, or father/mother
If no one in the above group exists, the brother or sister of the deceased (if they can prove their eligibility via Missouri law section 537.090)

If there is no one meeting the above criteria, the court will appoint a “plaintiff ad litem” at the request of any parties “entitled to share in the proceeds of such action.”.

Compensation Available in a Missouri Wrongful Death Case

According to Missouri law, someone filing a wrongful death claim may be eligible to receive compensation for such losses as the following:

Funeral expenses
The cost of medical care and related services the decedent may have needed before succumbing to their injuries/illness
Pain and suffering the decedent may have experienced prior to succumbing to their injuries/illness
The reasonable value of the services the decedent provided to their loved ones
Loss of consortium
Loss of companionship
Loss of guidance
Loss of instruction
Loss of comfort
Loss of counsel
Loss of the income the decedent may have earned had they survived

Whether the decedent was responsible for anyone’s care can also influence the compensation that may be available in a Missouri wrongful death case. Was the decedent not employed full-time? Did they dedicate at least 50 percent of their time to the care of at least one of the following:

A child
A disabled person
Someone over the age of 65

In these circumstances, a “rebuttable presumption” in Missouri law assumes the value of the decedent’s caregiving services to be equal to 110 percent of the state average weekly wage.

In addition, someone filing a wrongful death claim or lawsuit in Missouri may seek loss of the decedent’s potential earnings, even when the decedent was under the age of 18. When the decedent was under 18, the potential value of their lost wages may be based on their parents’ income.

It’s important to also be aware of the types of losses you can’t receive compensation for in Missouri. For example, you can’t receive compensation for grief or bereavement of death.

How a Columbia, Missouri, Wrongful Death Attorney Can Help

Pursuing and securing the compensation you deserve after a loved one’s passing can be a complex process involving the following steps:

Identifying the liable party –The person responsible for someone’s death is also responsible for compensating the survivors. In some cases, establishing liability is straightforward. In others, doing so requires an in-depth investigation.
Gathering evidence– The insurance company isn’t likely to offer a settlement if your claim lacks sufficient evidence of their policyholder’s fault. When investigating your loved one’s passing, you will need to gather substantial evidence to show their passing resulted from the insured’s behavior.
Estimating potential compensation –Determining how much compensation is recoverable is often challenging in a wrongful death case. First, you need to add up direct economic losses, like medical bills and funeral expenses. Then, you need to estimate the value of such theoretical economic losses as loss of the decedent’s income. You may also need to assign a dollar value to intangible losses like the loss of a loved one’s guidance.
Completing paperwork– Filing a claim requires completing a variety of paperwork under a short deadline. You must include proper evidence and documentation with your claim to show why you’re eligible for the compensation you’re seeking. Errors in completing this paperwork could result in a claim rejection or a dismissal from court.
Negotiating –The insurance company’s first settlement offer will likely be a lowball one, not enough to thoroughly compensate you for your losses. If the insurance company’s initial offer is too low, you’ll have to negotiate.

In some cases, insurers never offer fair settlements. It’s possible you’ll have to file a lawsuit to seek compensation in court if this happens, which requires its own set of steps.

None of these are tasks you need to handle on your own. A wrongful death attorney near Columbia, Missouri, can handle them on your behalf. Hiring a lawyer to pursue compensation on your behalf doesn’t just simplify the process – it also gives you more time to focus on your emotional needs in the aftermath of a painful loss.

The Deadline for Filing a Columbia, Missouri, Wrongful Death Lawsuit

Get in touch with a Columbia, Missouri, wrongful death attorney fast if you believe you have grounds to file a claim or lawsuit. Per Missouri law, you have three years from the time of your loved one’s passing to take legal action. You likely won’t be eligible to receive any compensation if you miss the deadline.

Contact a Columbia, Missouri, Wrongful Death Lawyer

No one can give you back your loved one. However, filing a wrongful death claim against the at-fault party can bring you a degree of justice and the financial security you deserve during a difficult time. At Holland Injury Law, LLC, our team is on hand to offer the aggressive representation you deserve. Learn more by contacting us online or calling us today for a free case review.

LOOKING FOR A TRUSTED TEAM
TO REPRESENT YOUR CASE?

Email to request a free consultation.

Fields marked with an * are required