What is a Wrongful Death Claim?
A wrongful death claim is a claim against a person or entity who can be held liable for a death. The claim is typically brought as a civil action, usually by close relatives or family members. It is possible for survivors to be compensated for the harm and losses that they have suffered after losing a loved one if the death is determined to have been wrongful death. A wrongful death is the death of a human being as a result of a wrongful act or negligence of another person or entity, such as a business or governmental agency.
What Are Some Examples of Wrongful Acts?
Some examples of wrongful acts include, but are not limited to:
- Negligence, like careless driving
- Intentional attacks
- Assault or battery
- A death caused in the course of another crime
- Vehicular manslaughter
- Manslaughter
- Murder
What is the Missouri Wrongful Death Law?
In Missouri, the Wrongful Death Law allows family members of the wrongfully deceased to be entitled to financial compensation for the emotional, physical, and financial losses of the deceased.
However, it is essential to note that specific steps must be taken to enact the Missouri Wrongful Death Law for family members. The Missouri Wrongful Death Statute of Limitations states that if one were to be in this situation, a wrongful death claim must be filed within 3 years of the date of the death.
Who In The Family Should Sue For the Wrongful Death?
The Missouri Wrongful Death Statute of Limitations states that first, the spouse, children, or surviving lineal descendants of any deceased children (natural or adopted) or by the father or mother of the deceased should sue first. If those avenues are not available, then the brother or sister of the deceased or their descendants who can establish rights to the damages set out by the deceased can sue next. If that is not an option because the deceased has no siblings, then the courts may appoint someone (a plaintiff ad. litem) to present the case.
What Are Some Important Things The Family Should Know About Wrongful Death Claims?
When a family wants to pursue a wrongful death claim, there are two routes they can take. The first is that they can file a lawsuit. However, it may be possible to negotiate an out-of-court settlement and recover compensation for things like medical bills and pain and suffering that the deceased experienced prior to death, loss of consortium, funeral expenses, and lost future income.
The family should expect to try to gather as much evidence as possible for the wrongful death claim. Accident reports will be crucial during this time. They can contain unbiased accounts from law enforcement and investigative professionals that may help your case. If an autopsy has been conducted, the results of this could be beneficial to have on file. A skilled wrongful death attorney can assist you in gathering these reports.
How Are Wrongful Death Settlements Calculated?
Typically, wrongful death settlements are calculated by a very complex process. This will depend on several factors, including the circumstances of the death, the age and earning potential of the deceased, and the impact that this death has had on the surviving family members emotionally, physically, and financially. In some cases, there can be a cap on the amount of non-economic damages that the victim’s family can recover. This depends on each situation, and working with an experienced personal injury lawyer can help you gather more insight into how much you might be compensated based on your specific case.
We Want to Help You Seek the Justice You Deserve
We understand how confusing, disappointing, and saddening losing a beloved family member can be. We know that the process of filing a wrongful death claim can bring up all sorts of emotions and feelings. We know how detrimental this can be for both your physical and mental health. We want to work to represent you and your family’s best interests at heart. You can count on our determined advocates to help fight for your representation both in and out of the court system. Here at Labovitz Law Firm, we have your best interest in mind when fighting for your family and the compensation you deserve. Working with an experienced personal injury law attorney can help you determine the estimated compensation value for a wrongful death claim, negotiate a potential out-of-court settlement, draft and file court documents, and work together to get you the justice that you and your family deserve t. To learn more about wrongful death, how to seek compensation afterward, and to schedule a free consultation, contact an experienced personal injury lawyer at Labovitz Law Firm today by calling 314-726-1300.
