Filing a wrongful death claim in Missouri can be a complicated and emotionally challenging process. It is important to understand the legal steps involved and what to expect at each stage. At Hubbard & Kurtz, L.L.P., we are dedicated to guiding families through this difficult journey with compassion and expertise. For legal assistance, contact us at (816) 472-4673 or toll-free at (877) 535-1163.
Step 1: Initial Consultation with an Attorney
The first step in filing a wrongful death claim is to consult with an experienced attorney. During this initial meeting, the attorney will gather information about the circumstances surrounding the death, discuss the potential claim, and explain the legal process. This consultation is crucial for determining the viability of the claim and outlining the next steps.
Step 2: Investigation
Once you decide to proceed with the claim, the attorney will conduct a thorough investigation. This involves collecting evidence, such as medical records, police reports, witness statements, and any other relevant documentation. The goal is to establish the facts of the case and identify the party responsible for the death.
Step 3: Filing the Claim
After gathering sufficient evidence, your attorney will file a wrongful death lawsuit on your behalf. This legal document, known as a complaint, outlines the allegations against the defendant and specifies the damages being sought. The complaint is filed in the appropriate Missouri court.
Step 4: Discovery Process
The discovery process is a critical phase where both parties exchange information and gather evidence to support their respective cases. This can include:
- Interrogatories: Written questions that the other party must answer under oath.
- Depositions: Oral testimony given under oath, recorded for use in court.
- Requests for Documents: Formal requests for relevant documents and evidence from the other party.
- Expert Witnesses: Both sides may employ expert witnesses to provide specialized knowledge and opinions related to the case.
Step 5: Negotiations and Settlement
In many wrongful death cases, the parties may attempt to reach a settlement before going to trial. Your attorney will negotiate with the defendant’s legal team to seek a fair and just settlement that compensates for your losses. Settlements can save time, reduce stress, and provide quicker financial relief compared to a lengthy trial.
Step 6: Trial
If a settlement cannot be reached, the case will proceed to trial. During the trial, both sides will present their evidence and arguments to a judge or jury. The judge or jury will then determine whether the defendant is liable for the wrongful death and, if so, the amount of damages to be awarded. Trials can be complex and require skilled legal representation to effectively present your case.
Step 7: Post-Trial and Appeals
If the court rules in your favor, the defendant may choose to appeal the decision. An appeal can prolong the legal process, but your attorney will continue to advocate for your interests and work to uphold the trial court’s decision. If no appeal is filed, the awarded damages will be distributed according to the court’s order.
Understanding Damages in Wrongful Death Cases
Damages in a wrongful death case can include both economic and non-economic losses, such as:
- Medical Expenses: Costs incurred for the deceased’s medical treatment prior to death.
- Funeral and Burial Costs: Expenses related to the funeral and burial services.
- Loss of Income: Compensation for the deceased’s lost wages and benefits.
- Pain and Suffering: Emotional distress and mental anguish suffered by the survivors.
- Loss of Companionship: The emotional loss of the deceased’s presence and support.
Call Us At (816) 472-4673 or toll-free At (877) 535-1163 For a Consultation
Filing a wrongful death claim in Missouri is a complex and emotional process, but understanding the legal steps involved can help you navigate this difficult journey. At HUBBARD & KURTZ, L.L.P., we are committed to providing compassionate and skilled legal representation to help you seek justice for your loved one. Contact us at (816) 472-4673 or toll-free at (877) 535-1163 for a consultation. Our dedicated team is here to support you every step of the way and ensure that your loved one’s memory is honored through justice.