Columbia Wrongful Death Case Process

If you lost a loved one in an incident caused by another person’s negligence, you can seek compensation. To file a proper lawsuit, you need the assistance of a competent wrongful death attorney. They can investigate the situation, build a strong case, and present it to the insurance company or the judge.

Delegating your Columbia wrongful death case process to the legal team can help you avoid mistakes and find time to deal with your grief. An attorney can assist with making important legal decisions and provide support throughout the proceedings.

Key Steps in the Wrongful Death Case Process

The wrongful death case process in Columbia is never easy. Even if the initial circumstances of the case appear straightforward, the legal team needs to handle multiple issues. The grieving party often has to face insurance adjusters who put serious pressure on the family to take advantage of their emotional state. An attorney can help avoid this confrontation and support a fair outcome.

The key steps in the wrongful death process in Columbia include:

Identifying the Responsible Party

Wrongful death can often result from negligence, such as car accidents, defective products, or medical malpractice. To establish responsibility, the legal team has to show that the at-fault party failed to exercise reasonable care, and this failure led to a person’s death.

Determining Eligibility to File a Lawsuit

State law allows specific family members, such as spouses, children, and parents, to file a wrongful death claim. Others financially dependent on the deceased, like stepchildren, may also qualify. An attorney can help establish eligibility and prevent delays related to wrong claims in a wrongful death case process in Columbia.

Investigating the Incident

A thorough investigation is always the foundation of a strong wrongful death case. It involves reviewing police reports, medical records, and witness statements. It also includes analyzing evidence like vehicle damage or toxicology results. Attorneys use this information to prove negligence and calculate potential compensation.

Making a Demand for Compensation

Before filing a lawsuit, a Columbia attorney can send a demand letter to the responsible party or their insurer as part of the wrongful death case process. This letter outlines the facts of the case, the liability, and the damages. This step can initiate negotiations with the insurance company or the at-fault party’s legal team, potentially leading to a settlement.

Filing a Wrongful Death Lawsuit

If settlement negotiations fail, the attorney can file a formal complaint in civil court. This document details the facts of the case and the compensation sought. The defendant must respond within 30 days to initiate the litigation process.

Once the case proceeds to court, the parties can still settle it through negotiations.

The Statute of Limitations

The statute of limitations for a wrongful death case in Missouri is three years. This means the decedent’s family in Columbia must begin the wrongful death case process and file the actual lawsuit within three years of their loved one’s death. If they fail to do so, the court will likely dismiss the case immediately.

Discuss Your Claim in the Wrongful Death Case Process With an Attorney in Columbia

If you lost a loved one because a person or a company acted negligently, you can recover wrongful death damages. To initiate a proper Columbia wrongful death case process, you must work with a competent attorney.

Chris Miller and his team have decades of experience dealing with wrongful death cases in Columbia and the rest of Missouri. Call to schedule a free consultation today.