Losing a loved one due to someone else’s negligence or misconduct is devastating. If you are considering pursuing a wrongful death claim in Missouri, you need an attorney who will guide you through the legal process with compassion and skill. This article highlights the most important questions to ask when interviewing a wrongful death lawyer so you can feel confident about your choice and understand your rights under Missouri law.
How Much Experience Do You Have Handling Wrongful Death Cases?
One of the first questions to ask any attorney is about their experience. Wrongful death cases are complex and often involve substantial damages. Ask potential lawyers about how many wrongful death cases they have handled, whether they have taken cases to trial, and the case results they have achieved.
Experience handling cases similar to yours is valuable because it means the attorney is familiar with the legal issues, insurance tactics, and courtroom procedures involved in wrongful death claims.
Do I Have a Valid Wrongful Death Claim?
Not every unexpected death gives rise to a wrongful death lawsuit. In Missouri, a wrongful death claim may be brought when a person’s death results from the negligent, reckless, or intentional act of another.
Ask the lawyer to assess the circumstances of your loved one’s death. They should explain the elements required to prove wrongful death: duty of care, breach of duty, causation, and damages. The attorney can also help determine who is eligible to file the claim, based on Missouri’s statute, and identify any potential legal obstacles.
What Damages Can I Recover?
Wrongful death damages are intended to compensate surviving family members for their losses. Ask the lawyer to explain the types of damages available, which may include:
- Economic damages: These cover financial losses such as funeral and burial expenses, medical bills related to the final illness or injury, and lost wages or benefits your loved one would have earned.
- Non‑economic damages: These compensate for intangible losses such as loss of companionship, guidance, and consortium. They acknowledge the emotional impact of losing a loved one.
Understanding potential damages helps set expectations and guides settlement discussions.
What Is the Statute of Limitations for Wrongful Death Lawsuits in Missouri?
Time is limited to file a wrongful death lawsuit. Missouri law generally requires wrongful death lawsuits to be filed within three years of the date of the decedent’s death. Missing this deadline can permanently bar your claim.
Ask the lawyer to confirm how much time you have left to file and whether any exceptions might apply. They should also explain the importance of acting quickly to preserve evidence and build a strong case.
How Does Missouri’s Pure Comparative Fault Rule Affect My Case?
Missouri uses a pure comparative fault system. This means that if the deceased shared some fault for the incident, the damages awarded to the family will be reduced by the deceased’s percentage of fault, but recovery is not barred.
For example, if the decedent was 40% at fault and the total damages amount to $500,000, the family may still recover $300,000. Ask the attorney how your degree of fault might influence your case and what evidence they will gather to address issues of shared responsibility.
How Do You Charge for Your Services?
Most wrongful death attorneys work on a contingency fee basis. Ask the lawyer to explain their fee structure, including the percentage they will take if the case is successful and any additional case expenses.
Knowing how fees are handled allows you to plan financially and ensures that there are no surprises later. Also, ask whether you will owe any costs if the case is not successful.
How Will You Communicate With Me Throughout the Duration of My Case?
Effective communication is essential. Ask how often the attorney will provide updates, whether you will primarily interact with the attorney or support staff, and the best ways to reach them if you have questions. Feeling informed and supported throughout the legal process can ease some of the stress associated with a wrongful death claim.
How Long Will My Case Take?
Wrongful death cases can vary in length. Factors such as the complexity of the case, the willingness of insurance companies to settle, and court schedules all affect the timeline. Ask the attorney for an estimated timeframe and the potential stages of the case, including investigation, negotiation, and trial.
While no attorney can guarantee a specific timeline, they should be able to provide a general idea based on experience.
Contact Roach Law Car Accident Lawyer for a Free Consultation With a St. Louis Wrongful Death Lawyer
If you’ve lost a loved one because of someone else’s negligence, you deserve answers and support during this difficult time. We are here to listen, explain your legal options, and help you understand whether a wrongful death claim may be right for your family.
Contact the Roach Law Car Accident Lawyers today at (636) 519-0085 to schedule a free consultation with an experienced St. Louis wrongful death lawyer and take the first step toward accountability and justice.