When you lose someone you love because of another’s negligence, the need for answers can feel all-consuming. A wrongful death claim is about getting those answers. It’s about holding the responsible person or company accountable for their actions. This pursuit of justice is a powerful way to honor their memory and can be a vital part of the healing process. At the same time, securing your family’s financial future is critical. You can achieve both. An experienced wrongful death lawyer in Springfield, MO, will fight to secure the compensation and closure your family deserves.

Key Takeaways

Hold the responsible party accountable through a wrongful death claim: This legal action is designed for specific family members, like a spouse, child, or parent, to seek justice after a preventable loss. It allows you to pursue financial compensation for lost income, funeral costs, and the profound loss of companionship.
Your attorney’s expertise is your greatest asset: A lawyer specializing in wrongful death cases will manage the entire legal process, from dealing with insurance companies to building a strong case. This frees you to focus on your family while a professional fights for the compensation you deserve.
Time is a critical factor, so don’t wait to seek legal advice: Missouri has a strict three-year statute of limitations for filing a wrongful death claim. Acting quickly ensures you meet this deadline and allows your attorney to preserve crucial evidence before it disappears, which is vital for building a strong case.

What Is a Wrongful Death Claim in Missouri?

Losing a loved one is a devastating experience, and the pain is only compounded when their death was preventable. If you believe someone else’s carelessness or intentional act caused your family member’s death, you may be able to seek justice through a legal action. Understanding what a wrongful death claim involves is the first step in a process that can feel overwhelming. This type of claim is designed to hold the responsible party accountable and provide financial support for the family left behind.

What Legally Constitutes a Wrongful Death?

A wrongful death claim is a civil lawsuit filed when a person’s death is caused by the wrongful act or negligence of another person or entity. Think of it as a personal injury case where the injured person is no longer able to bring their own claim. Instead, their surviving family members file on their behalf. These situations can arise from various circumstances, including car accidents caused by a reckless driver, medical malpractice, or unsafe conditions on a property. The goal is not only to secure compensation for the immense losses your family has suffered but also to achieve a sense of justice for your loved one.

Element 1: Duty of Care

To build a successful wrongful death claim, the first thing your attorney must establish is that the at-fault party had a “duty of care.” This is a legal responsibility to act with a reasonable level of caution to avoid harming others. The most straightforward example is a driver’s duty to operate their vehicle safely and follow traffic laws. This duty applies in countless situations, from a doctor’s obligation to provide competent medical treatment to a property owner’s responsibility to maintain a safe environment for visitors. It’s the foundational element that establishes a legal relationship and sets the expectation for responsible behavior.

Element 2: Breach of Duty

Once a duty of care is established, the next step is to show that the person or entity “breached” that duty. A breach occurs when someone fails to meet the standard of reasonable care, essentially acting carelessly or negligently. Using our driver example, a breach would occur if the driver was texting, speeding, or driving under the influence. In a medical context, a breach could be a surgeon making a preventable error or a doctor failing to diagnose a life-threatening condition. Proving this breach is about demonstrating that the defendant did something a reasonably prudent person would not have done, or failed to do something they should have.

Element 3: Causation

This element connects the breach of duty directly to the tragic outcome. It’s not enough to show that someone acted carelessly; you must also prove a clear link between that specific carelessness and your loved one’s death. This is known as causation. For instance, you have to show that the driver’s texting is what directly caused the collision that resulted in the fatal injuries. An experienced attorney will gather evidence like accident reports, witness statements, and expert testimony to build an undeniable chain of events, proving that the death would not have occurred if not for the defendant’s negligent actions.

Element 4: Damages

Finally, your claim must demonstrate that the death resulted in “damages,” which is the legal term for the losses your family has suffered. Compensation in a wrongful death case is meant to address these profound losses. This can cover tangible costs like medical bills incurred before your loved one passed away and funeral and burial expenses. It also addresses the immense intangible losses, such as the lost financial support the family depended on, the loss of companionship and guidance, and the emotional pain and suffering endured by surviving family members. Quantifying these damages is a crucial part of ensuring your family receives fair support.

The Legal Standard for Proving Your Case

Many people are familiar with the high standard of proof required in criminal cases—”beyond a reasonable doubt.” However, a wrongful death claim is a civil matter, not a criminal one, and it operates under a different, more achievable standard. Understanding this distinction is important, as it shapes how your attorney will build and present your case. In Missouri, as in most states, the legal standard for a civil claim is known as the “preponderance of the evidence.” This standard directly impacts the evidence needed to hold the responsible party accountable for their actions in a civil court.

Understanding “Preponderance of the Evidence”

The “preponderance of the evidence” standard means you must show that it is more likely than not that your claims are true. Think of it like the scales of justice: your evidence only needs to tip the scales slightly in your favor—even 51% is enough. This is a much lower threshold than the criminal standard, which requires near certainty. Your attorney’s job is to present a compelling collection of facts, documents, and testimony that, when weighed together, makes your version of events more believable than the defendant’s. This is the standard used to prove fault in civil cases across the country.

Common Causes of Wrongful Death

Wrongful death can result from nearly any situation involving negligence or a wrongful act. While each case is unique, most fall into several common categories. These tragic events often stem from everyday activities gone wrong due to someone else’s failure to act responsibly. According to legal resources, these cases frequently arise from car accidents, medical mistakes, slip and fall injuries, and other preventable incidents. Understanding these common causes can help you recognize if your family’s loss might be grounds for a wrongful death claim. At The Law Office of Chad G. Mann, we handle many of these sensitive cases with the dedication they deserve.

Motor Vehicle Accidents

Accidents involving cars, trucks, and motorcycles are among the leading causes of wrongful death claims. These tragedies are often the result of clear negligence, such as distracted driving, speeding, running red lights, or driving under the influence of alcohol or drugs. When a driver’s reckless behavior leads to a fatal crash, the surviving family members have the right to hold that driver accountable. An attorney can investigate the accident, reconstruct the events, and prove the other driver’s actions directly caused your loved one’s death, fighting for the justice your family deserves.

Medical Malpractice

We trust medical professionals with our lives, and when that trust is broken with fatal consequences, it can be particularly devastating. Wrongful death due to medical malpractice can occur from surgical errors, anesthesia mistakes, birth injuries, misdiagnoses, or prescribing the wrong medication. Proving medical malpractice requires showing that the healthcare provider deviated from the accepted standard of care, and that this deviation directly led to the patient’s death. These cases are complex and require a thorough review of medical records and testimony from medical experts to build a strong claim.

Premises Liability and Slip and Falls

Property owners have a legal duty to keep their premises reasonably safe for visitors. When they fail to do so, and someone is fatally injured as a result, it falls under an area of law called premises liability. This can include a fatal slip and fall on an icy walkway that should have been salted, an attack in a poorly lit parking garage with inadequate security, or a drowning in an unsecured swimming pool. In these cases, the claim argues that the property owner knew or should have known about the hazard and did nothing to fix it.

Defective Products

Manufacturers, distributors, and retailers are responsible for ensuring their products are safe for consumers. When a defective product leads to a death, a wrongful death claim can be filed against the companies in the supply chain. This could involve a dangerously designed vehicle that rolls over easily, a faulty medical device that fails at a critical moment, or a children’s toy with a choking hazard. In these product liability cases, the focus is on proving the product was unreasonably dangerous and that its defect was the direct cause of the fatal injury.

Workplace Accidents

While most workplace injuries are handled through the workers’ compensation system, a wrongful death claim may be possible in certain situations. If the fatal accident was caused by the negligence of a third party—meaning someone other than the employer or a co-worker—the family may be able to file a lawsuit. For example, if a construction worker is killed due to faulty equipment manufactured by another company or the negligence of a subcontractor on the job site, a wrongful death claim could be pursued against that third party in addition to receiving workers’ compensation benefits.

Who Is Allowed to File a Wrongful Death Lawsuit?

Not just anyone can file a wrongful death claim. Missouri law is very specific about who has the right to take legal action, and it follows a clear order. The first group of people eligible to file includes the surviving spouse, children (whether natural or adopted), or parents of the deceased. If none of these individuals are alive or able to file, the right passes to the second group: the siblings of the deceased or their children. In the absence of anyone from the first two groups, a court can appoint a special representative, known as a “plaintiff ad litem,” to file the claim. This is often a close relative, like a grandparent.

Wrongful Death Claims: Separating Fact from Fiction

There are many common misconceptions surrounding wrongful death lawsuits that can cause confusion and hesitation. One major myth is that these claims are only about money. While financial compensation is a crucial component to cover funeral expenses, lost income, and loss of companionship, for many families, the primary motivation is holding the negligent party accountable. Another myth is that anyone who cared for the deceased can file a claim. As we’ve covered, Missouri law strictly defines who is eligible. It’s important to work with an attorney who can clarify your rights and help you understand the legal realities of your situation.

How to Find the Right Wrongful Death Lawyer in Springfield, MO

Finding the right legal advocate after losing a loved one is a critical step toward securing justice for your family. The attorney you choose will be your partner through this difficult time, so it’s important to find someone with the right skills, experience, and approach. Here’s what to consider as you search for a wrongful death lawyer in Springfield.

What Makes a Great Wrongful Death Attorney?

You’re looking for more than just a legal expert; you need a compassionate guide who can manage the complexities of your case while you focus on your family. The right attorney will take the lead on gathering evidence, calculating damages, and handling all communication with insurance companies and opposing counsel. They should clearly explain each step of the process, answer your questions patiently, and provide the support you need. A firm’s dedication to specific practice areas like wrongful death shows a commitment to handling these sensitive cases with the care and attention they deserve. Your attorney should be a strong advocate who is prepared to fight for your family’s best interests, whether at the negotiating table or in court.

Why a Specialized Wrongful Death Lawyer Is Crucial

Wrongful death claims are a highly specialized area of personal injury law. An attorney who focuses on these cases will have a deep understanding of the specific statutes and legal precedents in Missouri that will shape your claim. They know how to build a compelling case that proves negligence and accurately values the full extent of your family’s losses, including loss of future income, companionship, and emotional suffering. An experienced lawyer can anticipate the strategies insurance companies use to minimize payouts and will be better equipped to counter them effectively. Learning about an attorney’s background and focus can give you confidence in their ability to handle the unique challenges of your case. You can often find this information on a firm’s About Me page.

Does a Local Springfield Lawyer Really Make a Difference?

Hiring a lawyer who is well-established in the Springfield community offers a distinct advantage. A local attorney understands the procedures of Greene County courts and has likely worked with the judges and opposing lawyers you may encounter. This familiarity can streamline the legal process and help set realistic expectations for your case. A lawyer’s reputation within the local legal community also matters. An attorney known for their professionalism, integrity, and thorough preparation is often taken more seriously by insurance adjusters and defense attorneys. This can lead to more favorable settlement negotiations from the start, potentially resolving your case more efficiently and with less stress for your family.

Questions You Must Ask Before Hiring a Lawyer

Your initial consultation is your opportunity to interview a potential attorney and decide if they are the right fit for you. Don’t hesitate to ask direct questions to gauge their expertise and approach. Consider asking:

How many wrongful death cases have you handled in Springfield?
What is your process for communicating with clients and how often can I expect updates?
Based on what you know so far, what are the potential strengths and weaknesses of my case?
Can you walk me through your fee structure?

A good lawyer will welcome these questions and provide clear, straightforward answers. This conversation is the first step in building a trusting relationship, so make sure you feel heard and respected. When you’re ready, you can schedule a consultation to begin this important conversation.

Top-Rated Wrongful Death Law Firms in Springfield, MO

Springfield has several well-regarded law firms with experience in wrongful death claims. While it’s important to do your own research and find the best fit for your family, here are a few firms known for their work in this area.

The Law Office of Chad G. Mann, LLC

The Law Office of Chad G. Mann is dedicated to representing clients in personal injury and wrongful death cases. With a client-centered approach, the firm focuses on providing personalized attention and securing the justice families deserve in Southwest Missouri.

Lowther Johnson Attorneys at Law, LLC

Serving the Springfield area since 1975, Lowther Johnson has a long-standing reputation for handling complex legal matters, including wrongful death claims, with a team of experienced attorneys.

Corbett Law Firm

The Corbett Law Firm concentrates on personal injury and wrongful death lawsuits. They offer experienced legal counsel to families navigating the loss of a loved one due to negligence.

RJC Injury Law

Specializing in wrongful death lawsuits, RJC Injury Law is committed to guiding clients through the legal process and advocating for fair compensation for their losses.

Bishop & Hayes P.C.

Known for their extensive experience in auto accident and personal injury law, Bishop & Hayes P.C. applies its focused knowledge to represent families in wrongful death claims, particularly those resulting from vehicle collisions.

The Missouri Lawsuit Process, Step by Step

Thinking about a lawsuit can feel overwhelming, especially when you’re grieving. But knowing what to expect can make the process feel much more manageable. The legal journey has a clear path, from your first conversation with an attorney to the final resolution of your case. Understanding these key stages will help you feel prepared and in control as you seek justice for your loved one. Your attorney will be your guide every step of the way, handling the complex details so you can focus on your family.

The entire process is designed to find answers and secure the compensation your family needs to move forward. It involves gathering evidence, communicating with insurance companies, and potentially negotiating a settlement or presenting your case in court. While every case is unique, the fundamental steps are consistent across most personal injury claims. Having a clear roadmap of the process can demystify the experience and reduce the stress that comes with uncertainty. Your main role is to focus on healing, while your legal team handles the strategy and paperwork. We’ll walk through each of these steps so you know exactly what’s coming and feel confident in your decision to pursue justice.

Starting the Process: Your Initial Consultation

Your journey begins with an initial consultation. This is simply a conversation where you can share your story with an attorney in a confidential, no-pressure setting. It’s your opportunity to ask questions and understand your legal options. An experienced wrongful death lawyer can help family members seek justice for the loss of their loved one, and this first meeting is where that process starts. You’ll discuss the circumstances of the incident, and the attorney will provide an honest assessment of your case. This meeting is typically free, and it’s the most important step you can take to get the guidance you need. You can schedule a consultation to begin the process.

The Pre-Lawsuit Demand Letter

Before a lawsuit is officially filed, your attorney will draft and send a pre-lawsuit demand letter to the responsible party or their insurance company. This is a crucial step that formally outlines the basis of your claim, holds the negligent party accountable, and details the compensation you are seeking. The letter will include specifics about the incident, explain the nature of the negligence, and provide a breakdown of damages like funeral costs, lost income, and emotional suffering. It also serves as an invitation to begin negotiations, potentially leading to a settlement without a lengthy court battle. Having an experienced attorney prepare this document is essential, as they can present the supporting evidence in the strongest possible light, which significantly enhances its effectiveness and influences the other party’s willingness to resolve the claim fairly.

How Your Lawyer Builds a Strong Case

After the initial meeting, your attorney gets to work building a foundation for your claim. Navigating a wrongful death claim can be complex and emotionally challenging, which is why it’s so helpful to have an experienced attorney handle the details. Your legal team will launch a thorough investigation, gathering critical evidence like police reports, medical records, and eyewitness statements. They may also consult with experts in fields like accident reconstruction or medicine to strengthen your case. This meticulous preparation is designed to build a compelling claim that clearly shows why the other party is responsible for your loss. This work allows you to focus on healing while your lawyer manages the legal heavy lifting.

What Happens After You File the Lawsuit?

Once your lawyer has built a strong case, the next step is to formally file a lawsuit. This officially begins the legal process. It’s important to know who is eligible to take this step. Missouri law allows specific surviving family members to bring a wrongful death claim, including the spouse, children, parents, or sometimes siblings of the person who passed away. After the lawsuit is filed, a phase called “discovery” begins. During discovery, both sides exchange information and evidence. Your attorney will handle all the legal requirements, from drafting documents to communicating with the other party’s lawyers, ensuring your case keeps moving forward.

Potential Complications in a Lawsuit

While the legal process has clear steps, it’s not always a straight line from start to finish. A number of hurdles can arise that make a wrongful death lawsuit more complex. The biggest challenge is often proving a clear link between the other party’s actions and your loved one’s death. This requires solid evidence, and if key documents or witness accounts are missing, it can weaken your claim. Cases can also become complicated when multiple parties are involved, or when there are significant disagreements over the amount of compensation that should be paid for your family’s losses. An experienced attorney anticipates these potential issues and builds a strategy to address them head-on, ensuring your case stays on track.

Will Your Case Settle or Go to Trial?

The vast majority of personal injury cases are resolved before they ever reach a courtroom. Your attorney will likely enter into negotiations with the at-fault party’s insurance company to reach a fair settlement. A settlement is a formal agreement that provides financial compensation without the need for a trial. However, while most injury claims end in settlements, your lawyer may advise that you file a lawsuit and seek compensation through the court if the other side isn’t offering a fair amount. An experienced attorney like Chad G. Mann will prepare your case for trial from day one, ensuring you’re in a strong negotiating position.

Don’t Miss the Deadline: Missouri’s Statute of Limitations

In Missouri, there is a strict deadline for filing a wrongful death lawsuit. This is known as the statute of limitations. It is important to note that most wrongful death claims must be initiated within three years from the date of death to ensure the court will hear the case. If you miss this deadline, you unfortunately lose your right to seek compensation forever, regardless of how strong your case is. This is why it’s so critical to speak with an attorney as soon as possible. Acting quickly not only protects your legal rights but also makes it easier for your lawyer to preserve crucial evidence and build the strongest possible case on your behalf.

What Are the Chances of Winning a Wrongful Death Lawsuit?

When you’re facing the immense grief of losing a family member, the thought of a lawsuit can feel like another mountain to climb. It’s completely natural to wonder, “What are our chances of actually winning?” While no lawyer can promise a specific result, we can look at the factors that contribute to a successful claim and what the statistics show. The outcome of any wrongful death case hinges on the unique details of the incident, the quality of the evidence your attorney gathers, and the ability to present a clear and compelling story to a judge or jury. Your attorney’s job is to build a case that meets the legal standard of proof required in Missouri.

This involves demonstrating that the other party had a responsibility to act with care, that they failed in that duty, and that this failure directly caused your loved one’s death. It’s not just about showing what happened, but proving *why* it happened and who is legally responsible. An experienced attorney understands how to connect these dots and build a case strong enough to stand up to the scrutiny of insurance companies and their legal teams. This preparation is what puts you in the best possible position to achieve a favorable outcome, whether through a settlement or a trial.

A Look at National Statistics and Success Rates

Looking at broader trends can offer some perspective. For instance, studies indicate that plaintiffs in wrongful death trials tend to have a higher success rate than in other personal injury cases. One analysis found that plaintiffs win about 61% of wrongful death trials. To win, your attorney must meet the “preponderance of the evidence” standard. This simply means proving that it is more likely than not that the defendant’s negligence caused the death. This is a lower threshold than the “beyond a reasonable doubt” standard required in criminal cases, which is an important distinction.

The strength of your evidence is everything. Your legal team must clearly meet the burden of proof by showing a direct link between the defendant’s actions and the tragic outcome. While every case is different, these statistics show that with a well-prepared claim and strong evidence, families can and do achieve justice through the legal system. A skilled attorney can assess the facts of your case and give you a realistic understanding of its potential.

Understanding Compensation and Your Lawyer’s Fees

When you’re dealing with the loss of a loved one, the last thing you want to worry about is money. Understanding how compensation is determined and how legal fees are handled can give you some peace of mind. It allows you to focus on your family while your attorney handles the financial complexities of your case. Let’s walk through what you can expect.

What Kind of Compensation Can You Receive?

In a wrongful death claim, the goal is to secure financial support for the losses your family has suffered. This compensation is generally divided into two categories. The first is economic damages, which cover tangible financial losses. This includes things like medical bills your loved one incurred before their passing, funeral and burial expenses, and the loss of future income and benefits they would have provided.

The second category is non-economic damages. These are meant to compensate for the intangible, personal losses that are much harder to assign a dollar value to. This can include the loss of companionship, guidance, and support, as well as the emotional pain and suffering your family is experiencing. An experienced attorney can help you document both types of losses to build a comprehensive wrongful death claim.

Value of Lost Household Services

It’s easy to overlook the financial value of the daily tasks your loved one handled, but these contributions are significant. Compensation can extend beyond lost wages to cover the value of the household services the deceased provided. Think about all the work they did, from childcare and home repairs to cooking, cleaning, and managing the family budget. If your loved one was the primary caregiver or the one who handled all the yard work, your family now faces the cost of hiring someone to perform those tasks or the burden of taking them on yourselves. An experienced attorney knows how to calculate the monetary value of these essential services to ensure your compensation reflects the full scope of your financial loss.

Punitive Damages: Punishing Reckless Behavior

In some situations, the behavior that caused your loved one’s death is so reckless that the court may award additional compensation known as punitive damages. This money isn’t meant to cover a specific loss; instead, its purpose is to punish the responsible party for their extreme negligence and to send a clear message that such behavior will not be tolerated. These damages are reserved for the most serious cases, such as those involving a drunk driver or a company that knowingly ignored a major safety hazard. Proving that a defendant’s actions warrant punitive damages requires a high level of evidence and a strong legal argument, which is why the guidance of a skilled personal injury lawyer is so important.

What Factors Influence the Compensation Amount?

No two wrongful death cases are exactly alike, so there isn’t a set formula for calculating compensation. Instead, the final amount depends on several specific factors related to your case. The court will consider the deceased person’s age, health, and earning capacity to estimate the financial support they would have provided over their lifetime.

Other critical factors include the total cost of medical care leading up to their death and all funeral-related expenses. The court also weighs the non-economic losses, such as the loss of companionship and the emotional distress suffered by the surviving family members. A skilled lawyer will carefully gather evidence to demonstrate the full extent of these losses to ensure your family receives fair compensation for your immense loss.

Comparative Fault: What if Your Loved One Was Partially Responsible?

It’s a difficult question to face, but sometimes the other party will argue that your loved one was partially to blame for the incident. In Missouri, this doesn’t automatically prevent you from seeking justice. Our state follows a legal rule called “pure comparative fault.” This means that even if your loved one is found to be partially responsible, your family can still recover compensation. The court will determine a percentage of fault for each party, and your total compensation award will simply be reduced by your loved one’s percentage. For example, if your family was awarded $500,000 but your loved one was found to be 10% at fault, the final award would be reduced by $50,000, for a total of $450,000. An experienced attorney can help you address these arguments and protect your family’s right to fair compensation.

Understanding State-Imposed Caps on Damages

You may have heard that some states limit, or “cap,” the amount of money a family can receive in a lawsuit. While this is true in some places, the rules vary significantly. In Missouri, these caps are not applied to most wrongful death cases. The primary exception is for claims involving medical malpractice, where there are specific limits on non-economic damages like pain and suffering. For wrongful death cases arising from other situations, such as a car accident or a dangerous property, these caps generally do not apply. This means your family has the right to pursue the full amount of compensation necessary to cover all of your economic and non-economic losses, without an arbitrary legal limit reducing what you can recover.

How Do Wrongful Death Lawyers Get Paid?

The financial burden of a sudden loss is heavy enough without adding legal bills on top of it. That’s why most wrongful death attorneys, including our firm, work on a contingency fee basis. This means you don’t pay any upfront fees to hire us. We only receive payment if we successfully win your case, either through a settlement or a court verdict.

Our fee is a pre-agreed-upon percentage of the total compensation we recover for you. If we don’t win your case, you owe us nothing for our time and legal services. This approach ensures that everyone has access to quality legal representation, regardless of their financial situation. You can pursue justice for your loved one without taking on any financial risk.

What Is a Contingency Fee (and Why It Helps You)

The contingency fee model is designed to support families during their most difficult times. It removes the financial barrier to hiring an experienced attorney, allowing you to focus on healing. This payment structure also perfectly aligns our goals with yours. Since we only get paid if you do, we are fully invested in achieving the best possible outcome for your case.

This arrangement gives you a dedicated legal partner who is motivated to fight for the maximum compensation you deserve. It provides peace of mind, knowing your attorney is working tirelessly on your behalf without adding to your financial stress. If you have questions about this process, we are always here to provide clear answers during a free initial consultation.

What Percentage Is a Typical Contingency Fee?

While the exact number can vary slightly from one firm to another, the industry standard for a contingency fee is typically between 33% and 40% of the total amount recovered for you. This percentage is agreed upon before any work begins, so you’ll know exactly what to expect from the start. This structure is incredibly beneficial because it means your attorney is fully invested in the success of your case. Since their payment is directly tied to the outcome, they are motivated to secure the highest possible compensation for your family. It removes the stress of hourly bills and ensures you can access top-tier legal help without any upfront financial risk during an already difficult time.

Are There Other Costs to Consider?

While the contingency fee covers your attorney’s legal services, a lawsuit does involve other expenses. These are often called “case costs” and can include things like court filing fees, the cost of obtaining official records and police reports, and fees for expert witnesses who may need to testify on your behalf. These costs are separate from the attorney’s fee.

A trustworthy attorney will be completely transparent about these potential expenses from the very beginning. Typically, the law firm will cover these costs as they arise and then deduct them from the final settlement or award. It’s an important topic to discuss during your initial meeting, so you have a clear understanding of the entire process. Our commitment is to maintain open communication and ensure there are no surprises along the way.

Additional Case Expenses to Be Aware Of

While a contingency fee covers your attorney’s time and legal expertise, it’s important to understand that it is separate from the direct costs of pursuing a lawsuit. These are often called “case expenses” or “litigation costs.” Think of them as the operational expenses required to build and present your case effectively. Common examples include court filing fees, the cost of obtaining medical records and police reports, deposition transcripts, and fees for expert witnesses, such as accident reconstructionists or medical professionals who provide crucial testimony. A trustworthy attorney will be completely transparent about these potential expenses from the very beginning. At our firm, we typically advance these costs on your behalf and they are reimbursed from the settlement or award at the end of the case, so you don’t have to pay anything out of pocket.

Are Wrongful Death Settlements Taxable?

This is a common and very practical question, and the answer usually brings some relief. In most cases, the money you receive from a wrongful death settlement is not considered taxable income by the IRS. The government views this compensation not as a financial gain, but as a payment for your losses—both economic and personal. This includes money for things like lost wages your loved one would have earned, medical expenses, and the profound loss of their companionship and support. Because the settlement is meant to make your family whole again after a devastating loss, it is generally not taxed.

However, there can be exceptions. For example, if a portion of your settlement is specifically for punitive damages (which are meant to punish the defendant) or for interest accrued on the judgment, that part may be taxable. While your attorney can provide guidance, it’s always a good idea to consult with a tax professional to understand the specific implications for your situation once your case is resolved. This ensures you handle everything correctly and avoid any future surprises.

How a Wrongful Death Lawyer Supports Your Case

When you’re grieving the loss of a family member, the thought of a legal battle can feel completely overwhelming. But you don’t have to face it alone. A wrongful death attorney is more than just a legal representative; they are your guide, your advocate, and your shield during one of life’s most difficult chapters. They handle the complex legal burdens so you can focus on what truly matters: healing with your family. An experienced lawyer understands the emotional weight you’re carrying and provides the steady, professional support needed to pursue justice for your loved one. They manage the details, from paperwork to negotiations, ensuring your rights are protected every step of the way.

More Than Just Legal Advice: Your Attorney’s Guidance

The legal system is complicated, and a wrongful death claim involves intricate laws and procedures. An experienced attorney will explain your rights and walk you through the entire process, so you always know what to expect. They can help you understand the nuances of Missouri law, gather critical evidence to build your case, and offer clear, straightforward advice. This guidance is invaluable, transforming a confusing and intimidating process into a manageable one. With a knowledgeable lawyer on your side, you can feel confident that you are making informed decisions for your family’s future.

Let Your Lawyer Handle the Insurance Companies

After a loss, the last thing you need is the stress of dealing with insurance adjusters and endless paperwork. Insurance companies often aim to settle claims for the lowest amount possible. Your attorney acts as a crucial buffer, handling all communications and negotiations on your behalf. They know the tactics insurers use and will fight to ensure you aren’t taken advantage of during such a vulnerable time. By managing these demanding tasks, your lawyer frees you from an enormous burden, allowing you to focus on your family.

Fighting for You in the Courtroom

While many wrongful death cases are settled out of court, it’s essential to have an attorney who is prepared to take your case to trial if a fair agreement can’t be reached. A skilled trial lawyer will meticulously build a case to prove liability and demonstrate the full extent of your losses. They will represent your family’s interests with strength and conviction in the courtroom. Having a dedicated advocate who is ready and willing to fight for you provides peace of mind and sends a powerful message to the opposing side that you are serious about seeking justice.

Why You Need to Act Fast to Preserve Evidence

In Missouri, you generally have three years from the date of your loved one’s death to file a wrongful death claim. While that may seem like a long time, it’s critical to act quickly. Key evidence can disappear, witnesses’ memories can fade, and official reports can become harder to obtain over time. Contacting an attorney promptly allows them to begin preserving crucial evidence right away. This proactive approach strengthens your case and ensures you don’t miss the strict legal deadline. If you believe you have a claim, it’s best to contact a lawyer for a consultation as soon as possible.

Mistakes to Avoid When Hiring a Wrongful Death Lawyer

When you’re grieving the loss of a loved one, choosing a lawyer can feel like an overwhelming task. It’s easy to make a quick decision just to get it over with, but the attorney you select will have a profound impact on your case and your family’s future. Taking a moment to be deliberate in your choice can help you avoid common missteps that people often make under stress. The right legal partner will not only handle the complexities of the legal system but also provide the support you need. By being aware of a few key pitfalls, you can find an advocate who is truly equipped to fight for the justice your family deserves.

Why a General Practice Lawyer Might Not Be Enough

It’s tempting to hire a lawyer you already know or one who handles general legal matters, but wrongful death claims are a unique and complex area of law. These cases require a deep understanding of how to prove negligence, calculate long-term financial losses, and stand up to powerful insurance companies. An attorney with specific experience in wrongful death and personal injury will know exactly what evidence to gather and which experts to consult. They are prepared to negotiate effectively on your behalf and, if necessary, represent your family’s interests in court. Choosing a specialist ensures your case is in the hands of someone who has successfully managed similar challenges before.

Forgetting to Check Reviews and Past Results

A law firm’s website is a great starting point, but it’s designed to show the firm in the best possible light. To get a more balanced picture, you should always check client reviews on independent websites. Platforms like Avvo and Google offer unvarnished feedback from people who have been in your shoes. These testimonials provide insight into an attorney’s communication style, responsiveness, and ability to deliver results. Reading about other clients’ experiences can help you gauge whether a lawyer is not only skilled but also compassionate and supportive—qualities that are essential when your family is navigating such a difficult time.

Ignoring Poor Communication or a Bad Vibe

The relationship you have with your wrongful death lawyer is a professional partnership, and clear, consistent communication is the foundation of that partnership. During this emotional time, you need an attorney who will listen with empathy, explain complex legal concepts in plain English, and keep you informed about your case. During your initial consultation, pay attention to how the lawyer interacts with you. Do they answer your questions directly? Do they seem patient and understanding? You should feel comfortable asking anything without feeling rushed or dismissed. Finding someone whose communication style aligns with your needs will make the entire legal process feel more manageable.

Why You Shouldn’t Choose Based on Fees Alone

When facing unexpected financial strain, it’s natural to worry about legal costs. However, selecting a lawyer based solely on who offers the lowest fee can be a costly mistake. Most reputable wrongful death attorneys work on a contingency fee basis, meaning they only get paid if you win your case. An experienced lawyer may have a standard fee structure, but their expertise often leads to a significantly higher settlement or verdict. An attorney who truly understands the nuances of these claims can successfully resolve the matter in a way that secures the compensation your family deserves. The right lawyer is an investment in your family’s future stability.

Critical Mistakes to Avoid During Your Case

Once you’ve hired an attorney, you can breathe a sigh of relief knowing a professional is managing your case. While your lawyer handles the legal strategy, there are a few critical missteps you’ll want to avoid to protect the strength of your claim. The actions you take—and what you say—can have a significant impact on the outcome. Understanding these potential pitfalls will help you support your attorney’s efforts and ensure you don’t unintentionally weaken your own case. Here are two of the most common mistakes people make and how you can steer clear of them.

The Risk of Speaking Directly with Insurance Adjusters

It might seem harmless to answer a few questions from the other party’s insurance adjuster, but this is one of the most damaging mistakes you can make. Remember, the adjuster’s job is to protect their company’s bottom line, which means paying out as little as possible. They are trained professionals skilled at asking leading questions designed to get you to downplay your suffering or inadvertently accept some blame. A simple “I’m doing okay” can be twisted to mean you aren’t really suffering. Your attorney should be the only one communicating with the insurance company. They act as a vital shield, handling all discussions and negotiations to protect you from these tactics and fight for the compensation you deserve for your personal injury.

Why You Must Be Careful with Social Media

In the middle of a legal case, your social media profiles are under a microscope. Insurance companies and opposing lawyers will absolutely look at your public posts for anything they can use against you. A photo of you smiling at a family gathering or a post about a short trip could be used to argue that your grief or suffering is not as severe as you claim. Even an innocent comment can be taken out of context to undermine your credibility. The safest approach is to stop posting on all social media platforms until your case is resolved. You should also ask friends and family not to post photos of you or tag you in anything. Protecting your claim is paramount, and you can find more tips on our page of helpful articles.

Caring for Yourself While Seeking Justice

Losing a loved one is an incredibly painful experience, and the grief can feel overwhelming. When that loss was caused by someone else’s negligence, the situation becomes even more complicated. You’re not only dealing with personal sorrow but also with the need to seek accountability. It’s a difficult balance to strike, but you don’t have to walk this path alone.

It’s Okay to Acknowledge the Emotional Weight

First, it’s important to give yourself and your family grace. The emotional impact of a wrongful death is profound and lasting. The initial shock and sorrow can evolve into a complex mix of anger, confusion, and deep sadness that makes daily life feel impossible, let alone thinking about a lawsuit. This is a normal and valid response to a devastating loss. Acknowledging the weight of this emotional toll is the first step. Allowing yourself to process these feelings without judgment is crucial for your well-being. You can find helpful resources and guidance through organizations like the Grief Recovery Institute.

How to Manage the Legal Process While Grieving

The thought of handling a complex legal claim while grieving can be daunting. This is where an experienced wrongful death attorney becomes your most important advocate. A compassionate lawyer understands that you need space to heal. Their role is to shoulder the legal burden for you. They will manage the investigation, handle all the complex paperwork, communicate with insurance companies, and ensure every deadline is met. By entrusting the legal details to a professional, you can focus your energy on your family and your own healing process. An attorney can help you understand your legal options and guide you every step of the way.

Where to Find Support for Your Family

Your support system is essential during this time, and it can come from many places. Your legal team is a critical part of that system, providing the professional guidance needed to pursue justice and secure your family’s financial future. This legal action can be an important part of the healing process for many. Beyond legal help, consider seeking support from therapists or grief counselors who specialize in bereavement. Support groups, both online and in person, can also connect you with others who understand what you’re going through. The Missouri Department of Mental Health offers resources that can help you find local support for your family.

Frequently Asked Questions

How much does it really cost to hire a lawyer for a wrongful death case? This is one of the most common and understandable concerns. The good news is that you don’t need to have money set aside to hire an experienced attorney. Most wrongful death lawyers work on a contingency fee basis. This simply means their payment is contingent on winning your case. You won’t pay any fees upfront, and the lawyer only receives a fee as a percentage of the financial compensation they recover for your family. If you don’t win, you owe no attorney fees.

Will my family have to go through a stressful trial in court? The idea of a public trial can be incredibly intimidating, but it’s important to know that the vast majority of wrongful death cases are resolved without ever stepping into a courtroom. Your attorney will work to negotiate a fair settlement with the responsible party’s insurance company. A settlement provides your family with compensation while avoiding the emotional strain of a trial. However, a skilled lawyer prepares every case as if it will go to trial, ensuring you are in the strongest possible position to secure the justice you deserve.

What if the police decided not to press criminal charges? Can I still file a claim? Yes, you absolutely can. It’s a common point of confusion, but a wrongful death claim is a civil action, which is completely separate from a criminal case. A criminal case is brought by the state to punish a wrongdoer, while a civil claim is brought by the family to seek financial accountability for their losses. The standard of proof is also different and less strict in a civil case, so you can have a strong

How long will this entire legal process take? There isn’t a single timeline that fits every case, as the duration depends on the specific details and complexities involved. A straightforward case where the other party admits fault might be resolved in several months. However, a more complicated case that requires extensive investigation or goes to trial could take a year or more. Your attorney will be able to give you a more personalized estimate after reviewing the facts of your situation and will keep you updated throughout the process.

What should I bring to my first meeting with an attorney? You don’t need to have a perfectly organized file, so don’t let that stop you from seeking help. The most important thing is for you to share your story. If you do have any documents, such as a copy of the death certificate, any police or accident reports, medical bills, or contact information for witnesses, bringing them along can be helpful. It’s also a good idea to jot down any questions you have ahead of time. Your lawyer will guide you through the next steps and help gather any additional information needed.

Finding the Right Wrongful Death Lawyer in Springfield, MO