In the blink of an eye, your whole world can be turned completely inside out with the tragic loss of a loved one or family member. If this loss is caused by the negligence of an individual or a business, you and your family may be able to obtain justice and significant financial compensation with the help of Altieri Gilmore LLP's attorneys through a wrongful death lawsuit. While financial awards through a lawsuit will not reverse your tragic loss, monetary recovery will help with many associated burdens such as:
Such financial compensation will help you and your family members cope with this tragic loss, and Altieri Gilmore LLP’s team of experienced and highly skilled personal injury attorneys may also be able to obtain punitive damage compensation. In cases of “survival actions,” the estate of a lost loved one (decedent) can seek to recover economic financial losses suffered and incurred as a result of the tragic incident that ultimately led to passing of your loved one. With “survival action” cases punitive damages are also a further deterrent to the negligent person or business that is responsible for the wrongful death of your loved one or family member.
The Alterie Gilmore LLP Injury Law Team is extensively prepared and compassionate to develop custom personalized strategies in injury cases involving fatal truck accidents, workplace injuries and accidents, fatal car accidents, poisoning, fires, product defects, manslaughter, murder and general negligent death of a loved one or family member. Our Lee’s Summit Missouri based wrongful death lawyers extensively investigate claims and cases in the Kansas City Metro Area and throughout the state of Missouri. We thoroughly study and examine the circumstances involved, determining the facts and what happened, determining the person or business that is liable and what negligently should have been done or in pace to prevent the accident from happening.
In wrongful death cases the legal processes involved can be lengthy and very complex, requiring substantial investigation and preparation for your case. The attorneys at Altieri Gilmore LLP extensively investigate and study all evidence that has been gathered and handle any and all circumstances that may occur during litigation process. To have a successful and satisfactory outcome with your case it is critical that you speak with an experienced personal injury attorney before making any agreements at all with an insurance agency representative or any third party in the case.
Altieri Gilmore LLP’s attentive and personalized approach to injury cases offers a level of comfort and confidence to the families that have experienced such a deep loss, and our attorneys are recognized for our results-oriented approach to injury cases.
Lee’s Summit Missouri Fatal Accident Attorneys — Altieri Gilmore LLP - Fighting For Justice And Recovery
Call our law firm at 816-524-0404 to schedule a free consultation. We will help you and your family move closer to justice and financial and emotional recovery today.
Wrongful Death Case Frequently Asked Questions
A. A "wrongful" death is a fatality caused by some sort of "negligence", which means by doing something or not doing something a reasonable, responsible and careful person or business would do or not do under this same set of circumstances or similar circumstances, or neglecting to do something a reasonable, responsible and careful person would do under the same or similar circumstances. In Missouri the law can compensate certain close relatives of the deceased person with monetary damages(money damages) for a wrongful death claim.
A. Most states Including Missouri require a wrongful death claim to be brought forth by a court appointed personal representative of the “estate” of the deceased person. The estates personal representative in most cases brings forth the wrongful death claim for the benefit of the deceased's surviving children and spouse, if there are any, if not more distant relatives cold be the beneficiary of the estate. Quite often the Missouri courts will appoint one of the wrongful death claim beneficiaries as the estates personal representative.
A. In most cases this is a question of the state law, and state law varies from state to state:
§ All states have laws that allow for damage recovery of some form of economic losses (financial losses), the exact economic damages allowed per each state vary:
§ Virtually all states allow for damages arising from funeral and burial expenses and for loss of financial support from the deceased individual;
§ The loss of prospective inheritance is also allowed to be claimed as damages in some states.
§ The deceased person's total lifetime earning capacity is allowed for recoverable damages in some states.
§ Missouri law allows for recovery for conscious pain and suffering experienced by the deceased.
§ Many states allow for non-economic recoverable damages to the surviving spouse or next of kin such as companionship damages and loss of society; and while wrongful death lawsuit claim trends have been to allow recoverable non-economic damages in most wrongful death cases, a few states still do not allow the living relatives to recover non-economic damages. Some states that allow for recoverable non-economic damages in wrongful death cases will place limits on what and the amount that may be recovered, while other states do not place arbitrary limits on what may be recovered and view these recovery limits as unconstitutional.
A highly experienced and qualified wrongful death attorney at Altieri Gilmore LLP will be able to provide superior legal counsel about how the Missouri law applies to a particular wrongful death case including what kinds of damages are allowed to be recovered, whether any recoverable damage caps apply to your case, and the best legal strategies to pursue your claim.
A. Yes, there are time limits in place for filing wrongful death lawsuits in Missouri. A wrongful death lawsuit has to be filed by the proper party within the set time allowed by law or any right to recover any monetary damages (money damages) will be lost forever. There are quite a number of factors which will come into play when accurately calculating exactly how much time the law allows to file a lawsuit. This is a very important calculation and is best done by an experienced and qualified wrongful death attorney as early on as possible.
A. Just as there is with any lawsuit that is filed, there is always a chance that the claim will have to proceed to a Missouri court, and it is essential that you are aware of this and prepared to do so if this is needed. Although, a number of wrongful death lawsuits are settled outside of court and without going to trial.
Wrongful death claim trials can be long and extremely costly. A qualified attorney with experience representing families with wrongful death claims will have the legal skills needed to properly litigate your wrongful death case, with the focus on justice and to recover damage compensation you and your family deserve. Since every legal claim has the potential to proceed to trial and it’s impossible to know until a claim is concluded if it will actually go to trial, it is imperative that you and your family hire a qualified and experienced wrongful death attorney to represent you and your families interests and to protect your families right to recover damages in front of a Missouri judge and jury if your claim indeed goes to trial. Hiring a qualified and experienced wrongful death trial lawyer in Missouri with a successful track record in court is very important for those parties that want the highest possible settlement out of a wrongful death trial.
In Missouri there are many wrongful death attorneys, and it is very important to the success of your claim to know what makes an attorney qualified to handle you and your families wrongful death case from those attorneys that are not qualified. When trying to determine what attorneys are qualified here are some of the main factors:
§ THE FINANCIAL RESOURCES required to litigate your case at the highest level needed from start to finish: Filing and pursuing a wrongful death case is quite costly. In the beginning from gathering evidence to acquiring the experts that will be needed to help assure that you and your family prevail on your wrongful death case, the expenses add up very quickly. A qualified high level wrongful death lawyer absolutely must have the financial resources available to cover these costs that will incur. A Missouri wrongful death lawyer that has both a lot of experience in these cases as well as a strong record at trial of recovering substantial monetary results on behalf of the client is considerably more likely to have the financial resources to help ensure the high level of preparation and litigation needed in wrongful death lawsuits.
§ WRONGFUL DEATH CASE EXPERIENCE: To help ensure a higher chance of winning on your claim, it's very important to hire an attorney with a considerable amount of experience successfully litigating wrongful death claims.
§ DEDICATION AND DILIGENCE WITH THESE CASES: It is important to hire an attorney that dedicates a considerable amount of their law practice to wrongful death cases. Also, be sure to choose a wrongful death attorney that can offer you and your family the individual attention you will need to litigate your case. This will help ensure that your case will be efficiently prepared, presented and not ignored or put on the back burner due to a lawyer’s large case load.
§ CASE RESULTS: And most importantly you should look for an attorney that has a very good record and reputation for achieving the maximum recovery for damages possible for his or her wrongful death clients. Quite often the defendants in a wrongful death lawsuit will be a company or corporation and most of the time large insurance companies are involved in the case. Most wrongful death lawsuits are defended by highly experienced and skilled defense lawyers that work extremely hard at keeping their clients from having to pay out anything at all or attempting to minimize what they do end up paying out. A high level Missouri wrongful death attorney with a track record of obtaining substantial results for their clients against such tuff defendants is the kind of wrongful death attorney you want litigating your wrongful death case.
A. With wrongful death claims the client most of the time does not pay the attorney any money at all including any upfront costs and does not pay an hourly rate to the attorney. Instead the client usually pays with a set and specific percentage of the money that is recovered in most wrongful death lawsuits. This is commonly called a contingent fee arrangement, and the percentage usually varies with the circumstances involved in the case. Most personal injury law firms you may work with will pay the necessary expenses to cover the case subject to a first right of reimbursement without any interest at the end of the lawsuit, in some cases before, and in some cases after the contingent fee is worked up. In a contingent fee agreement, if there ends up being no financial recovery in the lawsuit there ends up being no fee paid to the attorneys for the case.
A. Wrongful death damage money recovered generally are not taxable.
§ Altieri Gilmore attorneys have an outstanding track record of successful outcomes representing clients with wrongful death claims including those with wrongful death lawsuits arising from auto accidents, medical malpractice, product liability, semi truck negligence, aviation negligence, workplace and construction accidents.
§ Our experienced wrongful death attorneys are very skilled negotiators; they are seasoned litigators that are not afraid to take a claim to trial.
§ Altieri Gilmore LLP represents individuals that have suffered severe injuries and families who have lost loved ones as the result of the negligence by others.
A. No. If a loved one may have become a victim of wrongful death, you can be rest assured that there is never an upfront fee to have the circumstances of your case reviewed by one of our experienced wrongful death attorneys.
A. Call our office directly at 816-524-0404 and we will set up a free consultation with one of our wrongful death attorneys. Call now for an immediate, no obligation, consultation with our experienced wrongful death attorneys.
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