Columbia, MO Wrongful Death Lawyer
Duckworth Injury Law Fights for Columbia, MO Families Who Have Lost a Loved One Due to Another’s Negligence, Pursuing
Wrongful Death Claims & Securing the Full Compensation Families Deserve
In Columbia, MO, Families Have a Three-Year Window to File a Wrongful Death Case. Preserve Your Legal Rights By Pursuing Your Case Right Away With Experienced Attorney EC Duckworth
Backed by a decade of proven case results, EC Duckworth has a track record of winning the compensation families deserve after confronting a wrongful death in Columbia, MO
Losing a loved one is never easy, but this is especially true for families in Columbia, MO who have experienced a sudden loss, or after an accident-caused injury leading to death after many weeks, months, or even years of suffering. When a negligent driver, property owner, or other entity causes the death of your loved one, you deserve just compensation for their loss of life. In Missouri, your family will only have three years to file a wrongful death case, so moving quickly is essential.
At Duckworth Injury Law, EC Duckworth takes on wrongful death cases with passion and tenacity. He is not afraid to stand up to the insurance companies representing the at-fault party, and if he must take your claim to court, he won’t back down. Seeking damages for the loss of your loved one is never easy, but you can find the support and guidance you need through a local attorney with proven results in EC Duckworth. Begin building your Columbia, MO wrongful death case with Duckworth Injury Law today.
What should I look for when choosing a wrongful death lawyer in Columbia, MO?
Experience, results, and recommendations are three essential factors to prioritize when hiring a wrongful death attorney in Columbia, MO. An attorney with experience has served clients like you, facing the unimaginable through the loss of a loved one, and has taken their cases from the investigation phase all the way to court. Lawyers with proven results have secured fair and full settlements and have won at trial, demonstrating their ability and willingness to take your case as far as necessary to secure maximum compensation.
To find an accidental death attorney, consider looking for strong recommendations from sources you trust. Reach out to family, friends, and associates who have worked with a personal injury or wrongful death attorney before. These close individuals will have already gone through the process and can provide recommendations of their own regarding who you should contact and who to avoid. With this advice in hand, begin researching local lawyers who may be able to help. Consider recommended attorneys, but don’t hesitate to review other local attorneys’ feedback online.
After doing your due diligence in researching attorneys, begin reaching out to firms and ask to have an in-person consultation with a lawyer. Discuss your case with the lawyer and consider their proposal and recommendations. A good wrongful death lawyer won’t hesitate to give you honest and candid advice, even if it’s not always what you want to hear. The attorney may determine that your loved one’s accidental death claim would not result in a successful outcome and, therefore, may advise that there is no viable claim worth pursuing. Or, the attorney may believe you do have a strong wrongful death claim for the loss of your loved one and will outline the steps that need to be taken to pursue your claim. When considering a wrongful death attorney, it’s also important to understand their contingency fee structure and the terms of the attorney-client agreement.
EC Duckworth, a wrongful death attorney in Columbia, MO, provides complimentary case evaluations for families seeking justice. With extensive experience handling wrongful death cases, he has helped clients recover millions in compensation over the past ten years.
If I choose to work with a wrongful death attorney in Columbia, MO, how does a wrongful death claim unfold?
Choosing to work with a wrongful death attorney with the goal of obtaining full and fair compensation for the loss of your loved one is a deeply important decision. EC Duckworth is a proven and dedicated wrongful death lawyer who will guide you and your family with care through every step of the process.
If you choose Duckworth Injury Law to represent you and your family, we will walk you through every step of the wrongful death claims process. Typically, this begins with gathering evidence (police reports, investigative reports, witness statements, black box data, photographs, accident reconstruction, medical records, etc.), and then shifts to pre-suit negotiations with the at-fault party’s insurance company via the submission of a “Demand”. If pre-suit negotiations are unsuccessful, your wrongful death claim may need to be filed in court, whereby our firm will litigate the claim until the at-fault party’s insurance company pays what is owed. After a lawsuit is filed, the claim may be settled in subsequent settlement negotiations between the parties, during “mediation,” or the case may go to a jury trial if necessary.
Gathering evidence for a wrongful death lawsuit in Columbia, MO
For a wrongful death attorney, gathering evidence for a case requires timeliness and dogged attention to detail. In order to build a powerful settlement demand, your wrongful death lawyer will need to collect all evidence relevant to the accident. This often includes video footage of the accident that resulted in your loved one's death, witness statements from others at the scene of the accident, and reports from expert witnesses like medical professionals who treated your loved one before they passed or accident reconstructionists who investigated the crash and inspected the scene. Your wrongful death lawyer will also obtain and examine medical records, hospital bills, funeral and burial expenses, and family finances. Families who lose a loved one are often left without an essential source of income and comfort, and your attorney must calculate the financial toll the death of your loved one has placed on your family. This will be determined based on the age, income, and familial status of the deceased, among other factors.
Submitting a settlement demand for a Columbia, MO wrongful death-causing accident
When your attorney has acquired the evidence necessary to support your family’s wrongful death claim, they will submit a demand for settlement to the insurance company of the at-fault party. Ideally, you will be awarded the amount your attorney demanded – but this is not always the case. Multiple rounds of negotiations may need to be completed before a settlement can be reached, and if negotiations are unsuccessful, your lawyer will likely need to file a lawsuit against the at-fault party and proceed with litigation in court.
Work with a wrongful death lawyer who is willing to work to take your case to court when necessary
If pre-suit negotiations do not result in full and fair compensation for you and your family, your wrongful death attorney should not encourage you to settle. Instead, your wrongful death lawyer should be ready to take your case to court. Oftentimes, insurance companies know when a lawyer is scared to go to court, and their pre-suit settlement offers will reflect the same. As such, it’s crucial to hire a Columbia, MO lawyer who has the knowledge, know-how, and drive to pursue your case all the way to trial if necessary.
If your case is filed in court, the judge will likely set a scheduling order which outlines key deadlines for your case. Litigation will begin with the discovery phase, where both parties will exchange relevant case information to better understand the arguments at hand. Once the discovery phase is complete, mediation often takes place, where a neutral third party listens to both sides and facilitates productive negotiations toward a settlement. While a mediator is there to guide the conversation, they have no authority to force the parties to enter into a settlement. If neither party is satisfied with the mediation process, a wrongful death lawsuit may proceed to trial. In this case, a judge or jury will decide the outcome of the case as well as the compensation you are entitled to.
You’ve lost a loved one, and while nothing can heal your pain, a settlement or judgment for the compensation your family deserves is crucial in allowing you to move forward in life. That is why choosing a wrongful death attorney who will not back down and who is not afraid to go to trial on your behalf is essential to your family’s well-being. Wrongful death lawyer EC Duckworth knows how to successfully navigate this system. He will fight tirelessly on your behalf to secure the compensation your family deserves.
How do the courts define a wrongful death in Columbia, MO & what’s the purpose of bringing a wrongful death claim?
Wrongful death in Missouri
is defined as the death of a person who would have been eligible to file a personal injury claim for the negligent actions committed against them had they not passed away as a result of their injuries. Wrongful death claims are often associated with
car accidents,
truck accidents,
motorcycle accidents,
boat accidents, and other accidents that result in
catastrophic injuries.
Serious accidents like these may result in instant death, traumatic brain injuries that lead to brain death, lacerations and surgeries that may cause deadly infections, and many other fatal conditions. Had your loved one survived their injuries, they would have been eligible to seek recovery for their economic and non-economic damages. Because they passed instantly or as a result of their injuries, you, as their closest relative, will be eligible to file a wrongful death claim in Columbia, MO on their behalf – but also for your own losses as a result of their death.
Your relationship to the victim of a wrongful death in Columbia, MO will determine if you are eligible to bring a wrongful death claim
In determining who is eligible to bring a wrongful death claim, Missouri courts look to your relationship with the deceased. RSMo. § 537.080 outlines a tiered structure of who may bring a wrongful death claim forward. The first tier includes the spouse, children, and parents of the decedent. While any member of the first tier may bring a wrongful death claim, they must first notify any other eligible family members of the first tier prior to the settlement or lawsuit concluding.
The second tier of those eligible to submit a wrongful death claim are the surviving siblings or the nieces and nephews of any deceased sibling of the victim. These family members may only file a claim if no surviving relative meets the criteria of the first tier.
Finally, if there are no family members in the first or second tier, the court may appoint a “plaintiff ad litem,” often recognized as the person closest to the decedent who was not included in the first or second tier.
To better understand your options when it comes to filing a wrongful death claim and if you are the right person to do so, connect with EC Duckworth to learn more.
Families who win a wrongful death claim or lawsuit in Columbia, MO may be awarded damages for the loss of their loved one
In accordance with Missouri statute RSMo. § 537.090, loved ones of a person who was killed due to the negligence of another person or entity may be entitled to the following damages:
- Funeral Expenses
- Pecuniary (Financial) Losses Suffered by the Family
- Loss of Services Provided to the Family
- Loss of Consortium Provided to the Family
- Loss of Comfort Provided to the Family
- Loss of Instruction Provided to the Family
- Loss of Guidance Provided to the Family
- Loss of Counsel Provided to the Family
- Loss of Training Provided to the Family
- Loss of Support Provided to the Family
A winning track record & a local focus – that’s what wrongful death Lawyer EC Duckworth brings to Columbia, MO families
EC Duckworth, a mid-Missouri local, earned his law degree at the University of Missouri, and he is proud to represent families in Columbia, MO who deserve fierce legal advocacy during the most difficult times of their lives. Not only does his experience reflect winning results, including a $973K wrongful death jury verdict, but it also shows a commitment to his hometown community that can’t be matched. To schedule a free case review with EC Duckworth, contact Duckworth Injury Law today. Time is of the essence, and wrongful death attorney EC Duckworth is prepared to serve you.
