Unique Aspects of a Columbia Wrongful Death Case
The loss of a loved one is a life-changing event that has both emotional and financial consequences. If your family member died because someone else acted negligently, you may be able to recover damages.
An experienced wrongful death attorney can guide you through unique aspects of a Columbia wrongful death and help you get the money you deserve. Knowing where to start can help you achieve the desired results.
Only a Few People Can File a Claim
When a person dies, many people feel the aftermath. While death may be painful to dozens of relatives and friends, only a limited number of family members can file a wrongful death claim. A unique aspect of a Columbia wrongful death case revolves around who is eligible to file and how Missouri law dictates the legal process.
In Missouri, the law allows only the closest family members to take such legal action, which include:
- Spouse, children, lineal descendants of any deceased natural or adopted children, and parents (natural or adopted).
- If none of the above family members are alive, the siblings of the decedent or their descendants can file the claim
If no eligible family members exist, the court appoints a representative to file the claim. A beneficiary, such as another family member, may request this appointment. If deemed necessary, the court may require the representative to post a bond to ensure proper case management.
Recovering Two Types of Damages
Another unique aspect of a wrongful death case in Columbia is that the family members can recover two types of damages, including:
Wrongful Death Damages
Traditional wrongful death damages include economic and non-economic damages suffered by the surviving party. They include funeral and burial expenses, loss of financial support, loss of emotional support, and loss of consortium.
The more evidence the person and their legal team can provide to back these damages, the more chances they have of getting fair compensation.
Survival Damages
If the person did not die immediately after the incident that caused their death, the family members can also recover survival damages. Such damages include everything related to the person’s treatment, pain, and suffering. The final compensation amount depends on the quality of evidence, the time the person remained alive, and the competence of the wrongful death attorney.
Complications in a Wrongful Death Case
Wrongful death cases in Columbia are often full of complications. One of the unique aspects can be determining liability when several parties are involved. Identifying all responsible parties timely directly affects the outcome of the case.
Another possible complication is the difficulty of quantifying emotional damages. An experienced attorney would have to work with expert witnesses to prove the extent of the emotional and financial toll the death of a loved one is taking on the family.
Discuss Unique Aspects of Your Wrongful Death Case With an Attorney in Columbia
If your loved one died, and you want to recover damages, you need to work with a competent attorney. Navigating unique aspects of a Columbia wrongful death case without legal assistance could lead to unfortunate errors.
At the Law Office of Chris Miller, we understand all the local nuances of handling wrongful death cases. Our legal team is always ready to help you recover fair damages. Contact us to schedule a consultation today.