Generally, wrongful death claims can be time consuming and involve highly complicated and unique subject matter. It is not uncommon to encounter unexpected issues and obstacles along the way. However, an experienced wrongful death attorney should be able to navigate through such challenges to successfully resolve the matter in a way that you and your loved ones deserve. When pursuing a wrongful death claim, it is important to be aware of certain circumstances that need to be addressed in every case. The following is an overview of 5 common issues to consider with wrongful death claims:
1. Building sufficient evidence. Investigating and gathering all of the necessary information and evidence is critical for a successful outcome. With the help and cooperation of their client, an attorney must locate evidence, analyze, and prove specific facts according to the law, in order to establish a favorable recovery. Oftentimes, acquiring relevant information is made more difficult by strict rules of evidence that govern civil actions in each state. An experienced attorney with wrongful death claims should have not only knowledge and expertise of the law, but also investigatory skills to locate and amass sufficient evidence to build your case.
2. Recoverability. An important aspect of your claim of wrongful death is the likelihood of actually receiving a substantial verdict or judgment award decided in your favor against the opposing party. Sometimes, such an award for damages may prove to be fruitless if a responsible party is unable to satisfy your judgment. In order to get around this, many attorneys often attach as broadly as possible as many responsible parties to the lawsuit in an attempt to obligate insurance companies and other resource rich parties potentially liable as well. Keep in mind that an attorney will not bring a frivolous claim against a party unless there is a good faith basis to be attached to the suit.
3. Statute of limitations. Although time frames designated by the statute of limitations vary from state to state, in general, they provide strict time limits by which a party must file a claim for recovery. In many wrongful death claims, parties that are looking to pursue a suit for damages fail to do so within the statute of limitations. However, there still may be a chance of recovery. Contact an attorney that specializes in this area to ensure you have not exhausted all of your legal remedies.
4. Governmental Immunity. In certain cases where the local, state, or federal government or their instrumentalities is responsible for the death or injuries of a person, they may be protected by various degrees of immunity from civil suits. For example, if a person is injured or killed by a police car or fire truck speeding to the scene of another accident, the victim may be barred from bringing suit against the police or fire departments. Depending on the law governing this matter by each state, bars to recovery may be overcome, if, for example, it can be shown the police or fire departments in such circumstances were acting with wanton or willful misconduct. Regardless, wrongful death lawsuits against governmental agencies and instrumentalities generally present specific obstacles to overcome in order to recover successfully.
5. Cost of Action. The time and effort required to pursue most wrongful death claims can prove to be quite costly over the course of the entire process. However, in the end, an experienced and knowledgeable wrongful death attorney will possess the resources to win your case. Oftentimes, regarding such claims, an attorney will forego a fee until a client receives compensation. There are also many attorneys that will finance the case themselves, so that the client will not have to bear the burden of out-of-pocket expenses throughout the proceedings. Under these circumstances, typically at the conclusion of the matter, expenses that were paid by the attorney to win the case will be deducted from the recovery.
If you or a loved one is interested in filing a wrongful death suit, or you simply have questions on wrongful death law in the state of Missouri, call (816) 472-HOPE (4673) to contact our experienced Missouri wrongful death attorneys at the law offices of Hubbard & Kurtz today!