Posts Tagged ‘Missouri wrongful death lawsuit’

Pursuing a Wrongful Death Claim: The Legal Process

Friday, November 1st, 2013

When pursuing a wrongful death claim, there are several steps to consider when taking action. A general summary of the appropriate and recommended legal procedure when addressing a potential wrongful death claim, includes the following:

  • Investigation. Investigating all aspects surrounding the circumstances of your case is the first step in pursing a claim. This process can be can be quite timely, and take much longer than originally expected. Investigation commonly includes researching the law, collecting and organizing the facts of you case, speaking with witnesses, and/or consulting with experts.  As a client, it is imperative to provide to your attorney with all documents and information you have in your possession regarding your claim. Keep in mind, that oftentimes gathering outside information from witnesses or experts may be challenging due unavailability, or difficulty coordinating schedules.

  • Strategy. In terms of an overall game plan when pursuing a wrongful death claim, your attorney will determine a strategy based not only on their legal experience, but also the circumstances surrounding your case.  It is important you are comfortable and confident with the strategy your attorney suggests you pursue, and if you have any hesitation, questions or concerns, to voice them immediately, prior to embarking on a course of action.  This decision will likely take place once the investigation has been concluded, and you and your attorney have discovered and are aware of all aspects of your claim.

  • Demand Package/Mediation/Lawsuit. Once your attorney has determined a strategy, demand and mediation procedures may be pursued before a judge or jury hears your case.  Generally, mediation takes place before a trial. Settling a case out of court is typically the most efficient, beneficial way of resolving the matter regarding time and money. A demand package, which is typically a demand letter or filing for relief, requires an attorney to pursue action against the party you are making a claim against.  Many cases do in fact settle out of court. However, in the event both parties are unable to reach an agreement through demand or mediation, then your claim will have to be heard at trial.

  • Resolution. Resolution for your wrongful death claim may come in several forms, and take place either prior to trial or at the end it. If both parties are fortunate to reach an agreement during mediation, then the details and terms of the settlement will govern how the case will be resolved.  If no resolution is agreed upon during mediation and the case continues to trial, then damages will be determined by a jury.  Wrongful death claims can be complex and seem lengthy to pursue, often taking a considerable amount of time to resolve.

Hiring an attorney to give guidance and help handle your wrongful death claim is one of the most significant decisions you will make in resolving your case successfully.  Choosing the right attorney is an important decision, and in doing so requires the consideration of several factors, namely time limitations, competence, organization, reputation, and overall communication. Do not simply choose the first attorney you meet with because you feel rushed due to the statute of limitations passing.   Make sure you take the time to look into an attorney’s experience in the field of wrongful death claims, and how competent and confident they feel about the your particular subject matter and taking your case.  An attorney’s reputation and experience within the specific area of wrongful death claims should undoubtedly be considered. Oftentimes, such claims can involve highly complicated issues and therefore, requires the attention and knowledge of an expert in the area.  Most importantly, make certain you choose an attorney you are willing to be open with, and comfortable confiding in as well.

If you are seeking to pursue a wrongful death claim in Missouri, contact a Missouri wrongful death attorney at Hubbard & Kurtz at (816) 472-HOPE (4673), for more information on how to move forward with the legal process.  Our law firm has extensive experience and knowledge with wrongful death lawsuits, and can handle your case with the skill, care and diligence required for a successful outcome!