Interviewer: What if someone decided they don't want a suit after all? Does that ever happen? In a wrongful death case?
Kevin Roach: Yes. It does happen on occasion, people decide they don't want to pursue a claim, yes.
Interviewer: Is this something worth pursing though? What are the reasons why they may not want to pursue a case? What are the reasons people become hesitant?
Kevin Roach: Sometimes people don't want to pursue as case for a number of personal reasons, they may not want any money, and they think that no amount of money can replace their loved one and they may think that it was just an accident they don't want to recover anything. That does happen occasionally, but for the most part, people want to recover what they can.
An Attorney Can Help the Survivors of the Deceased Claim the Damages they are Entitled to
They know that it's not going to replace their loved one, and no amount of money is going to make them whole again, but at the same time, the person responsible for this, or their insurance company should have to pay something. If someone loses their life, their life obviously has value, and they want to recover what they're entitled to.
I see sometimes where people are hesitant to file a suit, but once the law is explained to them, and that there's a three year statute of limitations, people will typically decide to go forward with it and recover what they can as a result of the wrong doing.
In Order to get a Favorable Resolution to your Wrongful Death Claim, it is Imperative that you Hire an Attorney who is Highly Experienced
Interviewer: Why is it beneficial for someone to hire an attorney to pursue a wrongful death case?
Kevin Roach: The wrongful death law in Missouri is very specific to Missouri, and you need to hire a lawyer that is familiar with the wrongful death law and all the damages that can be recovered. It's a very complicated area of law, even for seasoned attorneys.
Someone that's maybe trying to handle it themselves is at a severe disadvantage. People need to know in wrongful death cases there always has to be court approval. You're always going to have to file a lawsuit with the circuit court where the accident occurred and you have to get court approval in all wrongful death cases. You're going to have to have a lawyer one way or another, it's always a good idea to have a lawyer on your side, that way they can ensure you get what you're entitled to and try to make the process as pain free as possible. People have already been through a traumatic event in their life and we try to deal with the legal aspects of the case, so they can try to get on with their life, and try to move forward.
In the Instance of a Serious Accident, it is Important that you Contact an Attorney Immediately
Interviewer:How quickly should someone contact an attorney?
Kevin Roach: Whenever there's a serious accident, it's very important to contact an attorney right away. Of course, you want to take care of the personal business first, but the sooner the better. It's always a good idea to get advised on your rights, so I would say, it's never too soon to contact an attorney and do an initial consult regarding the wrongful death laws in Missouri.
Typically an Attorney is Paid a Contingent Fee which means No Out of Pocket Expenses for the Client
Interviewer: How do attorneys get paid for wrongful death cases? Is it similar to other P.I. cases?
Kevin Roach: Yeah, wrongful death cases are similar to other personal injury cases. Typically your attorney would get paid on a contingent fee, which means we don't charge anything up front. We take a percentage of what's recovered, typically that percentage is thirty-three and a third percent.
Then if there is no recovery, then you're not indebted to us for any attorney's fees or costs. It's a standard contingence fee contract, it's exactly the same contingent fee contract that we use for other personal injury cases.