It can be unbearably painful when a loved one dies due to another person’s careless or negligent actions. When someone’s recklessness causes someone else to pass away, this is known as a wrongful death. Certain relatives can bring a lawsuit forth to hold the at-fault party responsible for what they did and recover a financial award to compensate them for their losses. Sometimes, those cases are settled without going to court.
If you are in talks to potentially settle your lawsuit, it is wise to speak with a skilled wrongful death attorney first. Different factors go into the calculation of damages, and without legal counsel, you may end up agreeing to less than you deserve. Having a dedicated legal team by your side can make all the difference. Attorney Chris Miller has extensive experience navigating Columbia wrongful death settlements and could advocate on your behalf.
A personal representative of the decedent’s estate must first initiate the suit within three years of their death. Only one claim can be made against any single defendant for the death of one person, so if there are multiple potential beneficiaries, they must file as a group. These specific people can file:
To have a strong case, the surviving family members must prove that the defendant breached a duty of care to the decedent through negligence, resulting in the death and causing the claimants to suffer damages. Skilled attorneys know how to gather evidence to support these claims, including medical records, accident reports, and witness statements.
Typically, the payment is obtained from the defendant’s insurance company or from the defendant directly. It is important to exercise caution if a company offers a settlement without you having legal representation. In many cases, insurance companies will lowball you to preserve their own money and resources. For this reason, a legal professional should handle communications with insurance companies. Chris Miller is a Columbia lawyer with significant negotiation experience, and he could work to get you a higher wrongful death payout than what the insurance company initially communicated.
A settlement can compensate an individual or group for the losses caused by a wrongful death. These damages can be economic, which means tangible monetary amounts, or non-economic, which are more subjective. That can include money for pain and suffering, funeral expenses, loss of income or benefits, and loss of companionship. The total settlement amount will depend on factors like the deceased’s age, income, and future earning potential; the extent of the emotional and financial losses; and the severity of the defendant’s liability.
Normally, disbursements are non-taxable under federal or Missouri law when compensating for personal injury or emotional distress. However, punitive damages are taxable if they are awarded, which is rare. A lawyer could explain punitive damages in more detail.
Payments are either lump sum, meaning all at once, or structured over a period of time. Each comes with its own advantages and disadvantages. It is wise to discuss with an experienced Columbia lawyer which wrongful death settlement option is ideal for you and your loved ones.
Grieving families often struggle to handle additional burdens when a loved family member suddenly passes. Figuring out the legal system and what payout is fair to your family can be too much to bear on top of everything else.
A diligent attorney will never pressure you to accept a Columbia wrongful death settlement that you are uncomfortable with. Our team could fight to get you the settlement you need and deserve. Call the Law Office of Chris Miller today to schedule a free consultation.