Have you lost a loved one due to someone else’s negligence or recklessness? Wrongful death claims are legal actions that give families like yours an opportunity to pursue compensation when someone you love dies as a result of another party’s carelessness or misconduct.
The aftermath of this painful experience can be overwhelming and confusing, but it’s important to understand your legal options. A wrongful death lawyer in Belton can tell you all about how wrongful death laws work and how to proceed during such a difficult time.
At Foster Wallace Personal Injury Lawyers, we bring over four decades of experience to every case we handle. Our attorneys have secured more than $1 billion in compensation for people just like you, and we’re ready to represent you as your Belton personal injury lawyer.
Definition and Scope of Wrongful Death
Wrongful death refers to a legal cause of action that is brought forward after someone dies as a result of another party’s wrongful actions, neglect, or default. This cause of action seeks to provide monetary compensation for the losses that resulted from the death.
These are the types of incidents that can result in wrongful death claims:
- Motor vehicle accidents involving negligence or intoxication
- Medical malpractice causing fatal harm
- Workplace accidents and unsafe conditions
- Defective products or machinery
- Slip and fall incidents or premises liability
- Criminal acts, such as assault or homicide
The primary legal purpose of wrongful death claims is to offer financial compensation to the survivors of the person who lost their life. It’s all about compensating survivors who depended on the deceased or who have suffered other losses as a direct result of the victim’s death.
Who Can Bring a Wrongful Death Claim in Missouri?
Missouri has specific statutes outlining who can legally initiate a wrongful death action and who is entitled to receive damages. Under Missouri Revised Statutes § 537.080, a wrongful death claim can be brought by the personal representative of the deceased person’s estate.
The claim benefits the surviving spouse, children, and parents of the deceased. However, if the deceased individual does not have a spouse, children, or parents, anyone who is considered next of kin might have grounds to file a claim on behalf of the deceased person.
According to Missouri statutes, damages are distributed as follows:
- If the deceased is survived by a spouse and children, the damages are divided proportionally based on pecuniary loss.
- If there is a surviving spouse but neither children nor parents, the spouse will receive the full amount.
- If there are surviving children but no spouse in the picture, the deceased party’s children will receive the damages instead.
- If the deceased has neither a spouse nor any children, but their parents are still alive, the damages associated with the wrongful death claim will be given to the parents.
Contact our Kansas city personal injury lawyers now.
Statutes of Limitations For Wrongful Death Claims
Known as a statute of limitations, there are legal deadlines that you must adhere to if you’re thinking about taking legal action in your case. In Missouri, those who want to pursue compensation in a wrongful death case have three years to file a claim.
This 36-month timeline goes into effect on the date of your loved one’s death. If you fail to file within this period of time, your claim will likely be dismissed altogether, which is why immediate action is important. Contact a Belton wrongful death attorney as soon as possible.
Types of Fatal Injuries Giving Rise to Wrongful Death Claims
Wrongful death claims can arise from a wide array of situations that result in fatal injuries that cause the deceased party’s death. In many cases, these circumstances stem from negligence or wrongful actions. Let’s take a look at common scenarios behind wrongful death cases.
Motor Vehicle Collisions
Car, truck, and motorcycle accidents are among the leading causes of wrongful death claims. These may involve reckless driving, operating a vehicle while under the influence, speeding, or driving while distracted.
Medical Malpractice
When medical negligence causes someone to die—whether that be due to surgical errors, improper diagnoses, or incorrect prescriptions—wrongful death claims may follow. For cases like these, there must be proof of the following:
- A breach of medical standards
- Causation between the malpractice and death
Workplace Accidents
Fatal injuries at work—including construction site accidents, machinery malfunctions, or exposure to hazardous substances—may result in wrongful death claims. Workers’ comp laws intersect with wrongful death claims in many ways, though it all depends on the circumstances.
Defective Products
Manufacturers or distributors of dangerous and defective products may be held liable for deaths that stem from these situations. Product liability laws provide a basis for holding parties accountable in fatal cases involving recalls, design defects, or inadequate warnings.
Premises Liability
Deaths resulting from unsafe conditions on properties—such as slip and fall accidents or inadequate security—can result in wrongful death actions if negligence was at play.
Criminal Acts
Victims of homicide, assault, or other intentional acts of violence may be part of wrongful death claims, particularly if negligence or recklessness were involved.
Contact Our Belton Wrongful Death Law Firm Sooner Than Later For Legal Advice and Advocacy
If you or someone you love has lost a family member as a result of another person’s negligence, you don’t have to go through the aftermath all alone. An experience like this can leave you feeling overwhelmed in many ways, but you don’t have to figure it out by yourself.
Instead, reach out to Foster Wallace Personal Injury Lawyers. When you meet with our Belton wrongful death attorneys, you can trust us to take on the legal aspects of your case and advocate for your rights every step of the way.
You deserve justice and compensation, and we can help you work toward securing both. Don’t wait to reach out for help—we’re here for you. The sooner you contact our wrongful death law firm in Belton, the sooner we can start the process of holding responsible parties accountable.
