Surviving family members of a deceased individual can file a wrongful death claim if they lost their loved one due to someone else’s wrongful act or omission. The untimely death may have resulted from someone else’s negligent actions or inactions, such as in a fatal car crash, or even from criminal violence.

Family members need time to grieve, but they do not have unlimited time to take legal action. The statute of limitations is the deadline by which claimants must file a lawsuit seeking monetary compensation and damages. Some states have the same statute of limitations for personal injury and wrongful death claims, while others have different deadlines for each type of claim.

Statutes of limitations fall under state law and can generally range from one to three years from the date of the death. Some states might have different time limits depending on the cause of the death.

If a wrongful death claimant does not file their lawsuit within that time frame, the chances are excellent that the court will dismiss their case in its entirety. As a result, the claimant cannot recover any monetary damages or pursue a wrongful death claim at all.

Suppose you recently lost a loved one due to another person or entity’s wrongful act or omission. In that case, you must have an experienced and compassionate Cape Girardeau wrongful death attorney advocating for you as quickly as possible.

Although no amount of money can ever compensate for the loss of a deceased loved one, it can bring about a sense of finality, closure, and justice – not only for yourself but also for other surviving family members.

Your wrongful death attorney can go over your legal options with you and pursue the wrongful death compensation you deserve. If the statute of limitations runs short in your case, your lawyer can promptly file a wrongful death lawsuit on your behalf and then start negotiations with the at-fault party’s insurance company.

Your attorney can also take your case to a civil jury trial if the insurance company refuses to compensate you appropriately with the monetary damages you need and deserve.

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Proving a Wrongful Death Claim or Lawsuit

To recover monetary compensation as part of a wrongful death claim or lawsuit, the wrongful death claimant is responsible for satisfying the legal burden of proof. First, the wrongful death claimant must establish that the at-fault individual or entity owed the deceased individual a duty of reasonable care.

For example, in the context of a fatal car accident, the at-fault driver had a duty to drive carefully, safely, and responsibly and follow all traffic and traffic laws.

Additionally, the wrongful death claimant must prove that the at-fault party breached their legal duty of care somehow. For example, suppose the deceased individual suffered fatal injuries in a car accident. In that case, the wrongful death claimant must establish that the at-fault driver violated one or more traffic laws, such as speeding, driving while intoxicated, or engaging in distracted driving.

Next, the wrongful death claimant must prove that the fatal accident or occurrence happened because of the at-fault party’s negligence. Finally, the wrongful death claimant must show that the deceased individual’s death occurred as a direct result of the other party’s negligent, reckless, or intentional actions or inactions.

When satisfying the legal burden of proof in a wrongful death claim or lawsuit, your wrongful death attorney can retain several experts in the case. For example, your attorney can retain an accident reconstructionist if the at-fault party’s insurance company is disputing fault or liability for the fatal accident.

An accident reconstructionist can review police reports, speak with witnesses, and form an opinion about the likely cause of the occurrence. The accident reconstructionist may then draft a statement stating their views and/or testify at a discovery deposition or civil jury trial in the wrongful death case.

Additionally, a wrongful death lawyer may call upon a medical expert to causally relate the accident victim’s death to the occurrence. This cause-and-effect relationship is crucial when establishing the legal elements of a wrongful death lawsuit.

Filing a Wrongful Death Claim

A skilled wrongful death attorney can file a wrongful death claim, typically with the at-fault individual or entity’s insurance company. The first step to preparing a wrongful death claim for filing is to gather various documents pertaining to the case.

Those documents may include copies of witness reports, incident reports, police investigation reports, medical treatment records, medical bills of the deceased individual incurred before their death, and income documentation showing how much the decedent had been earning just before their death.

Your attorney will assemble these documents into a settlement demand package for the handling insurance company adjuster to review and evaluate.

Assuming the insurance company accepts fault for the fatal accident, the adjuster may contact the wrongful death attorney with a settlement offer. However, you should always be wary about accepting initial settlement offers from insurance company representatives.

In almost all situations, the insurance company has more money on the table than what they are initially offering. Adjusters make these low offers to see if the wrongful death claimant will settle their pending claim quickly and cheaply. After all, the insurance company wants to try and save itself as much money as possible.

Your wrongful death attorney can aggressively negotiate on your behalf and pursue settlement compensation that is fair in your case. Your lawyer can point to the seriousness of the accident, along with other factors, to encourage the insurance company adjuster to increase their settlement offer. If that does not happen, your lawyer can file a wrongful death lawsuit in the court system and begin the litigation stage of your case.

Litigating a Wrongful Death Case in the Court System

During wrongful death litigation, the parties may continue their settlement negotiations. However, they will be subject to various dates and deadlines that the state court imposes.

As part of the litigation process, the parties will answer written questions, called Interrogatories, and continue exchanging relevant documents in the case. The defense attorney may also note the wrongful death claimant or personal representative’s discovery deposition.

At a deposition, the defense lawyer will ask questions about the accident, the deceased individual’s fatal injuries, and the effects of the decedent’s death on the surviving family members’ life and well-being.

Also, during wrongful death litigation, the parties will likely attend one or more settlement conferences with the court. If the case has not resolved by the end of litigation, the parties may take their case to a civil jury trial and allow the jury to decide all issues currently in dispute, including the amount of monetary compensation to award the wrongful death claimant.

Throughout litigation, an experienced wrongful death attorney can handle every step of the process, represent you at all litigation proceedings, and obtain the best possible result in your case.

Recoverable Wrongful Death Damages

In a wrongful death claim or lawsuit, claimants may be eligible to recover various types of monetary compensation and damages. Since every wrongful death case differs, not all claimants will recover the same damages.

First, a wrongful death claimant may recover economic damages. These damages compensate claimants for the decedent’s funeral and burial expenses, as well as for medical costs the decedent incurred up until the time of their death. A wrongful death claimant might also recover anticipated lost income if they and other family members depended upon the deceased individual for financial care and support.

A wrongful death claimant can also pursue monetary compensation for their intangible losses. Those damages compensate claimants for the loss of the deceased individual’s comfort, care, and companionship, as well as for their own emotional pain and mental anguish.

A wrongful death attorney in your area can determine the damages you may be eligible to recover as part of your claim or lawsuit. Your lawyer can then explore legal options and choose the best option for your case. Finally, an attorney can answer all of your questions along the way so you can make intelligent and informed decisions throughout the process.

Meet with a Local Wrongful Death Attorney as Soon as Possible about Your Case

No monetary compensation can make a family whole after the untimely loss of a loved one. However, when a family loses a member they depend on, there are now additional burdens on the surviving family members. This is an example of what this type of legal action can remedy. Losing a family member is devastating for any family, but it does not mean the family has to suffer financial devastation, too.

If your loved one suffered fatal injuries in an accident that resulted from someone else’s negligent, reckless, intentional, or wrongful act, time is of the essence. Because of the statute of limitations that is in place, surviving claimants must file their lawsuit promptly.

Otherwise, they risk jeopardizing their right to recover financial compensation for the untimely loss of their loved one. Therefore, surviving family members reach out to an experienced wrongful death attorney as quickly as possible after their loved one’s death.

An experienced wrongful death attorney in your area can navigate every step of the claims filing and litigation process.

First, your attorney can gather essential documents in your case and assemble a settlement demand package for the handling insurance company adjuster. Your lawyer can also handle settlement negotiations and all communications with insurance companies and their representatives.

Finally, if litigation becomes necessary in your case, your lawyer can represent you at all legal proceedings, including depositions, settlement conferences, and civil jury trials. Your personal injury lawyer in Cape Girardeau will aggressively advocate for your legal rights to recover the compensation you need for justice and closure.