Losing a loved one in a preventable accident is not the end of his or her story. You or another family member could seek justice and closure through a wrongful death claim in Columbia, Missouri. With help from the Columbia wrongful death attorneys at Wendt Law Firm P.C, you may be able to hold an at-fault party accountable for the death of your loved one. A compensatory award could bring your family resolution and peace of mind during this difficult time. Start with a free consultation with one of our wrongful death lawyers. Call (866) 539-4415 today.
Missouri’s legal definition of wrongful death is a death resulting from any act, conduct, occurrence, transaction or circumstance that would have given the victim grounds for a personal injury lawsuit had death not ensued. Many different incidents could lead to a wrongful death claim. The lawyers at Wendt Law Firm P.C. are here to help families through the claims process after all types of fatal accidents in Columbia.
If one or more parties had the ability to prevent your loved one’s death, yet negligently or intentionally failed to do so, that party could be responsible for resultant damages. To find out if you might have a case against one or more parties for the wrongful death of a family member, speak to one of our attorneys right away.
The parties with the initial right to file for wrongful death in Missouri are a deceased individual’s surviving spouse, children, grandchildren, and parents. Then, the opportunity will pass to the individual’s siblings or a personal representative of the estate. The filing party only has three years from the date of the death to bring a claim according to Missouri’s statute of limitations. A successful wrongful death claim in the state could lead to compensation for reasonable funeral and burial expenses, related medical bills, the value of lost wages and future earnings, the victim’s pain and suffering, and loss of consortium.
The main four elements of any wrongful death claim are duty, breach of duty, causation, and damages. Your attorney must prove these four elements exist to win your case. The defendant must have had a legal obligation to exercise reasonable care toward your loved one, then breached this duty through some act of recklessness or negligence. The defendant’s breach of duty must have caused the death of your loved one and your family’s related damages. If you have these elements, start a wrongful death claim by hiring a lawyer to file your initial paperwork with the correct county court before your deadline. Justice could be just a phone call away.
You and your loved ones may be able to find closure with help from a Columbia, MO wrongful death lawyer at Wendt Law Firm P.C. Our attorneys can help you whether your loved died as a result of a motor vehicle accident, defective product or another circumstance. Speaking to an attorney with wrongful death litigation experience can help your family determine whether someone else is at fault. If so, your lawyer could take care of your case for you while you focus on healing. Learn more about your case today by scheduling a free consultation.