MO Wrongful Death Attorney Weighs In On Common Challenges and Critical Steps in These Claims
There are few things as shocking as the unexpected loss of a loved one. While nothing can turn back the clock and undo the damage done, a wrongful death lawsuit can help hold responsible parties accountable. No amount of money can make up for this tragedy, but a settlement may offset the costs associated with the passing of a loved one. Medical expenses, funeral costs, lost wages, and more can all be factored into a wrongful death lawsuit.
If your family is grieving and unsure of your options, it can help to consult with a Kansas City wrongful death attorney. The team at Fowler Pickert Eisenmenger Norfleet understands what a troubling time this is, and provides thoughtful guidance as to what evidence supports your right to pursue compensation and assist in the next steps.
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Missouri’s Wrongful Death Statute
Many people are unfamiliar with the term wrongful death until they’re faced with an unexpected loss. Missouri law describes it as any death that happens because of someone’s negligent or intentional actions or failure to act. Essentially, if a person dies because of something another party did or failed to do, their surviving loved ones may have the justification to file a wrongful death claim.
If your grandmother, for instance, dies in a car accident caused by a drunk driver, your family may file a wrongful death lawsuit against the impaired motorist. However, this is different than filing criminal charges. A wrongful death lawsuit is a civil action outlining financial compensation for your family's loss as a direct result of the driver’s negligent actions. The state may also choose to hold them accountable for breaking the law.
Partnering With a Kansas City Wrongful Death Lawyer to Pursue a Claim
If you’re considering filing a wrongful death lawsuit, you’ll first want to meet with an experienced attorney, as this is a highly specialized area of law. The team at Fowler Pickert Eisenmenger Norfleet encourages you to schedule a free consultation with us so we learn about the circumstances that led to your loved one’s death. Then, if there’s ample reason to move forward, these are the steps we’ll take to create the best legal strategy for your case.
Gathering Evidence for a Wrongful Death Claim
This may include medical records, accident reports, witness statements, and any other relevant documentation. Evidence is crucial to the outcome of your case: without solid proof that the defendant's actions directly caused your loved one's death, you’ll be fighting an uphill legal battle. Additionally, the statute of limitations in Missouri for a wrongful death claim is three years, starting on the date of the death in question. If we don’t start an investigation into the wrongdoing right away and prepare to file a claim within this time period, the court will likely refuse to hear the case after the deadline has passed.
Filing the Wrongful Death Lawsuit
Once evidence is collected, our team files a formal legal action, which involves submitting a complaint that outlines the facts of the case, identifies the responsible parties, and specifies the requested economic and non-economic damages related to your loved one’s death. Our attorneys ensure that all procedural requirements and deadlines are met to avoid any delays or complications in the legal process.
What to Expect Pre-Trial
This phase includes discovery, where both parties exchange information and evidence related to the case. Depositions, where witnesses and parties are questioned under oath, may also take place, during this time, as well as negotiations for your wrongful death settlement.
Proceeding to Trial if Necessary
If a settlement can’t be reached, your wrongful death case proceeds to trial. Your attorney presents the evidence and arguments to a judge or jury, and works to demonstrate the defendant’s liability and the impact of your loved one’s death on your family. The court then decides on the outcome and determines the damages to be awarded.
Receiving the Verdict and Compensation
If the court rules in your favor, you receive a verdict and a compensation amount, designed to cover medical expenses, funeral costs, lost wages, and other losses. This financial relief can help your family move forward.
The devastating and unnecessary death of a loved one turns your world upside down. You need to trust that your legal representation has the compassion and skills necessary to help you find peace of mind and justice. While many firms pass clients off to inexperienced associate attorneys to handle the case, that won’t happen at Fowler Pickert Eisenmenger Norfleet. You’ll receive one-on-one representation with Ryan, Spencer, and Rob—all of whom are equally experienced and respected litigators in their fields.
