Top Independence, MO Wrongful Death Lawyers Near You

Visit our free Wrongful Death Resource Center.

What Happens if a Loved One Dies in an Accident?

When someone dies in a car accident, the family members may be left without the love and support of the deceased person. When the accident was caused by negligence, medical malpractice, or some other wrongful act, it can be even more painful for the family. However, with a wrongful death lawsuit, the family members may be able to hold the responsible party accountable in a legal action to pay the medical bills, loss of financial support, and funeral expenses.

Wrongful Death Cases

When someone causes death by a wrongful action and that action would have provided for a personal injury claim if the deceased person would have survived, the person is still liable for damages. Wrongful death statutes were developed to allow the surviving family members of a decedent killed in a fatal accident to recover financial compensation for losses to the family. The deceased person cannot file the lawsuit. Instead, their personal representative, a family member, or their estate can file the lawsuit. For the same types of cases that would be handled by a personal injury attorney, the family can turn to a wrongful death attorney after a fatal injury accident.

What Are Common Causes of Wrongful Death?

Wrongful death suits can involve any type of personal injury case, including motor vehicle accidents, truck accidents, motorcycle accidents, workplace accidents, medical malpractice, pedestrian accidents, and defective product injuries. If you are not sure whether the death of a loved one allows for a wrongful death claim, you can talk to a wrongful death legal team to understand your legal options.

Who Can Get Wrongful Death Compensation?

The beneficiaries of the deceased can generally get wrongful death damages after a wrongful death settlement. The beneficiaries of an estate may depend on the will or intestacy laws. In general, the next of kin can recover an amount of money for their losses, including children, a surviving spouse, or a domestic partner. Damages in a wrongful death case may include loss of companionship, medical expenses, burial costs, and other losses caused by the death. In some situations, punitive damages may also be available if the responsible party acted intentionally in causing the death.

How Long Do You Have to File a Wrongful Death Case?

There is limited time to file a wrongful death claim under the wrongful death law statute of limitations. Generally, the clock begins to run from the time the person dies. If you file your wrongful death claim even one day late, your case may be dismissed. It can be difficult to think about a lawsuit during this difficult time. However, it is important to talk to an accident attorney as soon as possible to make sure your claim is filed in time.

How Much Does It Cost to Hire a Wrongful Death Lawyer in Missouri?

Most wrongful death and personal injury lawyers take cases on a contingency basis. This means that they will only get paid after you win your case or get a settlement. A contingency fee is generally a percentage of the amount recovered, in addition to costs and expenses. Make sure you understand the costs of hiring a law firm at your initial consultation or case review.

Top Questions to Ask When Hiring an Attorney

• How many years have you been practicing law? How long have you practiced law in the local area?
• How many cases similar to mine have you handled in the past?
• What is the likely outcome for my case?

In legal practice, experience matters. An experienced attorney will likely have handled issues similar to yours many, many times. Therefore, after listening to your situation, the attorney should have a reasonable idea of the time line for a case like yours and the likely resolution.

Tips on Approaching an Initial Attorney Consultation

• Use the consultation as a means of gaining a better understanding of your legal situation.
• Ask the attorney how many cases similar to yours he/she has handled. An attorney’s experience and knowledge can speak to their expertise (or lack of) in addressing your situation.
• Your attorney should be able to articulate roughly how long a case like yours will take to resolve and what sort of procedures to expect.
• Determine how comfortable you are working with the lawyer and/or law firm.

How will an attorney charge me?

A reputable attorney will be very upfront about how he/she will charge you. The three most common fee structures that attorneys use to charge for their services are:

• Bill by the hour
• Contingent fee agreement
• Flat fee agreement

Depending on your specific legal situation, it’s possible that only one type of fee structure is available. For instance, criminal defense attorneys almost always bill by the hour. In a flat fee arrangement, an attorney accepts a one-time payment to help you resolve your issue. With a contingent fee agreement, the client pays little to nothing upfront and the attorney receives a percentage of the money recovered if you win your case.

Common legal terms explained

Plaintiff – a person or party who brings a lawsuit against another person(s) or party/parties in a court of law. Private persons or parties can only file suit in civil court.

Judgment – A decision of the court. Also known as a decree or order. Judgments handed down by the court are usually binding on the parties before the court.