Columbia Wrongful Death Lawyer

Wrongful death cases can occur in any number of ways, including car, truck, and motorcycle collisions, workplace accidents, slip and fall incidents, premises and product liability mishaps, and medical malpractice. There are many ways that a person can die as a result of someone else’s negligence. For example, car crashes alone claimed the lives of almost 43,000 people in the United States in 2020, according to the National Highway Traffic Safety Administration (NHTSA).

Medical malpractice and workplace accidents are also leading causes of wrongful death each year. If your loved one has died because of someone else’s negligence or recklessness, a Columbia wrongful death lawyer could help you file a civil lawsuit on their behalf. Reach out to our skilled attorneys today.

What Exactly is a Wrongful Death?

Wrongful death is defined as a death that occurs as a result of the negligence or recklessness of another person. This can take many forms, including, but not limited to:

Medical malpractice

Wrongful death due to medical malpractice can occur when a doctor or other medical professional fails to provide the standard of care that is expected in their field, and this results in the death of a patient. This can include misdiagnosis, surgical errors, and prescription errors, among other things. According to the Institute of Medicine (IOM), it is estimated that every year over 90,000 Americans die as a result of preventable medical errors. That includes 7,000 deaths due to errors in prescription medications.

Vehicular accidents

As mentioned above, car crashes are one of the leading causes of wrongful death in the United States. These collisions can occur as a result of many different factors, including drunk driving, distracted driving, speeding, and recklessness.

Workplace Accidents

Wrongful death can also occur as a result of workplace accidents. These incidents can occur in any type of workplace but are more common in certain industries, such as construction, manufacturing, and agriculture. Workplace accidents can happen for many reasons, including unsafe working conditions, defective equipment, and human error.

Slip and fall accidents

Slip and fall mishaps can happen anywhere, at any time. They are often the result of a property owner’s negligence in failing to maintain a safe environment. For example, if there is a spill on the floor of a grocery store and the store fails to clean it up, and someone slips and falls as a result, the store could be held liable. These accidents can often result in serious injuries or even death. If you lost your family member in an avoidable accident, a hardworking attorney in Columbia could review the circumstances of the case and proceed with a negligent death claim.

How Does a Wrongful Death Claim Qualify as a Personal Injury Claim?

For wrongful death to qualify as a personal injury claim, the following elements must be present:

The passing of a person
The death must have been caused by the negligence or recklessness of another person
There must be surviving family members who have suffered damages as a result of the death

If these elements are present, then the surviving family members may be able to file a personal injury claim for wrongful death.

What Are Your Rights if You’ve Lost a Loved One Due to a Wrongful Death?

In general, a wrongful death claim is a personal injury claim filed on behalf of someone who has died because of another person or entity’s negligence. In this scenario, the surviving family members are entitled to bring a claim against the person or entity responsible for the death. This includes compensation for things like loss of companionship, funeral expenses, and loss of income. It’s important to know that a wrongful death claim in Missouri must be filed within three years of the date of the person’s passing. A diligent lawyer could ensure that a wrongful death claim is filed promptly.

How Can an Attorney Help with a Wrongful Death Case?

If you’ve lost a loved one due to someone else’s negligence, you may be entitled to file a wrongful death claim. The first step in filing this type of claim is to contact a personal injury lawyer who has experience with these types of cases. They will be able to review the circumstances of your loved one’s death and determine if you have a valid case. If you do, a personal injury lawyer can assist you with this type of claim by helping you gather evidence to support your case.

This type of claim can be filed by the surviving spouse, children, or parents of the deceased. In some cases, other relatives may also be able to file a claim. A lawyer will investigate the circumstances that led to the death and work to hold the responsible parties accountable. A legal representative can do this by interviewing witnesses, reviewing medical records, collecting evidence, negotiating with the insurance company on your behalf, and helping you navigate the legal system and fight for the compensation that you’re entitled to.

Missouri Wrongful Death Law: What You Need to Know

Under Missouri law, a wrongful death lawsuit can be filed when a person dies as a result of another party’s negligent, reckless, or intentional conduct. Missouri wrongful death statutes allow the surviving family members of the deceased person to seek compensation for the losses they have suffered as a result of the death. Understanding Missouri law is essential to protecting your rights and ensuring that your wrongful death claim is filed properly and on time.

In Missouri, the right to file a wrongful death action belongs primarily to the surviving spouse, children, or parents of the deceased person. If there is no surviving spouse, children, or parents, other family members may also have the right to file a wrongful death claim. A Columbia wrongful death attorney can help you determine who has standing to bring a wrongful death lawsuit under Missouri law in your specific situation.

It is important to understand that a wrongful death lawsuit is a civil action, entirely separate from any criminal proceedings that may arise from the same incident. Even if criminal charges are not pursued, surviving family members can still seek compensation through a wrongful death action under Missouri law. Our Columbia wrongful death attorneys handle all types of wrongful death cases — from car accidents and medical malpractice to workplace accidents — and are experienced in helping families seek justice for their loved ones.

Missouri law requires that a wrongful death lawsuit be filed within three years of the date of death. Missing this deadline can permanently bar you from seeking compensation. A diligent Columbia wrongful death lawyer at the Law Offices of Chris Miller will make sure your wrongful death lawsuit is filed on time and that your rights are fully protected throughout the process.

Damages Available in a Wrongful Death Lawsuit

When a wrongful death case is successfully resolved, the surviving family members of the deceased person may be entitled to seek compensation for a variety of losses. Damages recoverable in a Missouri wrongful death lawsuit include:

Medical expenses – Any medical bills incurred by the deceased person prior to their death as a result of the injury or illness caused by the defendant’s negligence may be recovered.
Funeral and burial costs – The cost of funeral and burial services is recoverable in a wrongful death case under Missouri law.
Loss of income and financial support – If the deceased person was a financial provider for the family, surviving family members can seek compensation for the loss of future income and support.
Loss of companionship – A surviving spouse, children, and other family members can seek compensation for the loss of love, care, and companionship of the deceased person.
Pain and suffering – Compensation may be available for the pain and suffering experienced by the deceased person before their death.
Punitive damages – In cases where the defendant’s conduct was especially reckless or egregious, Missouri law may allow surviving family members to seek punitive damages in a wrongful death lawsuit.

If you are ready to seek compensation and seek justice for the wrongful death of a loved one, contact our Columbia wrongful death attorneys today for a free consultation. We will review your wrongful death case, explain your rights under Missouri law, and help you pursue maximum compensation. Our experienced Columbia wrongful death attorneys are dedicated to helping surviving spouses and family members through this difficult time. You should not have to face the legal process alone — let our Columbia wrongful death lawyers fight for the justice your family deserves.

Contact Our Attorneys to Discuss Your Wrongful Death Claim in Columbia

If you’ve lost a loved one due to someone else’s negligence, you may be entitled to file a personal injury claim for wrongful death. The first step is to contact a Columbia wrongful death lawyer who has experience with these types of cases.

The personal injury lawyers at the Law Offices of Chris Miller are here to help. We have years of experience handling personal injury cases in Columbia, and we’re here to assist you. Contact us today to discuss your case and learn more about your rights.