Losing a beloved family member is always difficult, under any circumstances. But if your loved one’s death was the result of someone else’s negligent or reckless behavior, your loss is especially painful. Naturally, you want the person at fault to be held responsible for causing the death of your family member and to be held accountable for any pain and suffering or financial harm they caused your loved one before they died.
But what about the damages the negligent party has caused you and other surviving family members? Can the person responsible for your loved one’s death be held accountable for the financial hardship that their negligent behavior has caused you or any of your relatives? Is there way to require the person responsible for your loved one’s death to compensate you for your losses resulting from your loved one’s death?
The answer is, “Yes.”
In Missouri, when one person causes the death of another person by their negligent behavior, not only may they be held accountable for the harm caused to the victim who died, but they may be responsible for compensating certain members of the victim’s family for the loss and financial hardship that the surviving family members will now suffer as a result of the death of their loved one. This happens when a surviving family member files a civil cause of action (a civil lawsuit) against the responsible party for wrongfully causing the death of a loved one. This lawsuit is called a “wrongful death” claim. If you recently lost a loved one because of someone else’s negligence, you may be able to file a wrongful death claim to be compensated for your loss.
The Missouri wrongful death attorneys at Foster Wallace, LLC, can assess your case and help you determine if filing a wrongful death claim is appropriate for you. In this brief article, we answer many of the questions you likely have at this time if you recently lost a loved one as a result of someone else’s bad behavior. Although you are still grieving the loss of your loved one, you may be asking:
- What is a “wrongful death” lawsuit?
- Does Missouri recognize wrongful death claims?
- Who can raise a wrongful death claim in Missouri?
- What damages can I claim in a wrongful death lawsuit?
- How much will I be compensated for my wrongful death injuries?
- How long do I have to file a wrongful death claim in Missouri?
- Do I need an attorney to file a wrongful death claim?
- How much will it cost me to hire a Missouri wrongful death attorney?
We will answer all of these questions for you here. Take just a few minutes to continue reading, and if you think you are entitled to be compensated for injuries you or another family member have suffered or will suffer in the future as a result of the wrongful death of your loved one, the Missouri wrongful death lawyers at Foster Wallace, LLC, are here to help.
What Is A “Wrongful Death” Claim?
When someone dies as a result of another person’s negligent, reckless, or intentional conduct, the law considers it a “wrongful death” if the person who died would have been able to recover damages from the responsible party if they had not died but sustained injuries or any financial loss as a result of the other party’s behavior. This includes any injuries, property damage, or other financial losses they actually sustained before they died.
A wrongful death claim does not require any specific negligent act. It may arise from any type of behavior that results in injury or fatality. This may include:
- A car accident or truck accident;
- A motorcycle wreck;
- A bicycle crash or pedestrian accident;
- A slip and fall on someone else’s property;
- A dog attack;
- Medical malpractice;
- A mishap caused by a defective product (product liability); or
- Any violent or intentional act resulting in injury or death.
If you lost a loved one under any of these circumstances, you may be able to file a wrongful death claim against the person at fault. And as part of that wrongful death claim, you may be entitled to compensation for your own financial losses resulting from the death of your loved one.
Does Missouri Recognize Wrongful Death Claims?
Missouri law includes a wrongful death statute (Mo. Rev. Stat. § 537.080), which allows certain persons who are closely related to a decedent to bring a cause of action against the person who caused the death of the decedent. Any person qualified to bring a wrongful death claim may seek compensation for their own financial damages as a result of the untimely death of their loved one. To be able to be compensated, however, you must be included in the wrongful death statute as someone who can raise a wrongful death claim in Missouri.
Who Can Raise a Wrongful Death Claim in Missouri?
There are only certain persons who can raise a wrongful death claim in Missouri.
First are:
- The spouse or children of the decedent;
- Any surviving grandchildren of the decedent if the grandchild’s parent is a deceased child of the decedent (this includes all natural, adopted, legitimate, and illegitimate children); and
- The mother or father of the deceased person, even if the deceased person was adopted.
If there are no persons in this first group of relatives who can raise a claim, then the deceased person’s brothers or sisters, or the surviving descendants of any of the decedent’s brothers or sisters, may raise a wrongful death claim, provided they can prove that they suffered damages as a result of their loved one’s death.
Only if the decedent still has no relatives who can raise a claim, the court may appoint someone (called a “plaintiff ad litem”) to represent anyone else who claims that they are entitled to be compensated for the decedent’s wrongful death. However, there can only be one wrongful death claim brought by any person or persons within any one of these groups against any one defendant for the death of any person.
Contact our Kansas city personal injury lawyers now.
What Damages Can I Claim in a Wrongful Death Lawsuit?
If you are someone who is entitled to file a wrongful death claim in Missouri, you may be fairly compensated for any financial damages you suffer as a result of your loved one’s death. This may include:
- Any financial losses you incur;
- Any funeral or burial expenses for your loved one;
- The cost of any services, companionship, counseling, training, or support for which you may have depended upon your deceased loved one to provide;
- The value of any financial damages or pain and suffering your loved one may have experienced as a result of the accident before they died;
- If the deceased person was not employed full time but was at least fifty percent responsible for the care of any minor, disabled person, or person over the age of sixty-five, you may recover a percentage of the average weekly wage in Missouri for the value of that care; and
- If the deceased person was a minor under the age of eighteen, you may recover the financial loss he or she suffered based on the support he or she otherwise would have received from his or her parent or parents.
How Much Will I Be Compensated for My Wrongful Death Injuries?
The amount of compensation for a wrongful death claim may be different in every case and is dependent on many factors. In a wrongful death claim, the trier of fact may consider:
- The nature of the relationship between the decedent and the plaintiff;
- The amount of economic damage or financial loss that each individual plaintiff suffered as a result of their loved one’s death;
- The mitigating or aggravating circumstances surrounding the death of the decedent. For example, recovery may be greater for a decedent who experienced the terror of a plane crash than for one who died while unconscious during surgery; and
- If the defendant showed complete indifference or a conscious disregard for the decedent’s safety when the decedent died, the plaintiff may recover punitive damages.
Although many factors may be considered in determining the value of wrongful death claim, a plaintiff may not recover for the grief or bereavement they suffer as a result of their loss.
How Long Do I Have to File a Wrongful Death Claim in Missouri?
In every state, there is a limited period of time within which you must raise your wrongful death claim or be precluded from filing suit and recovering damages. This window of time is called the “limitations period” and is determined by the state’s “statute of limitations.” In Missouri, the statute of limitations for a wrongful death claim is three years from the date of the decedent’s death. If you do not bring your claim within three years, you forfeit your right to sue the person responsible for financial losses.
Do I Need a Personal Injury Lawyer to File a Wrongful Death Claim?
You should always have an experienced wrongful death attorney to file a wrongful death claim in Missouri. Although it is not required by law, your best chance for filing a timely claim and recovering maximum compensation for your financial loss is to be represented by an attorney with experience in handling wrongful death cases and a successful track record for obtaining maximum recovery for their wrongful death clients.
The attorneys at Foster Wallace, LLC, have nearly fifty years of combined experience handling a wide range of Missouri wrongful death claims, winning awards for their clients as high as $7.25 million. To maximize your award, you need a compassionate legal team that understands how to value wrongful death damages and how to prove a wrongful death case. The attorneys at Foster Wallace, LLC, have that knowledge and experience.
How Much Will It Cost Me to Hire a Wrongful Death Attorney in Missouri?
At Foster Wallace, LLC, it does not cost you anything to file a wrongful death claim. Our legal team will consult with you at no cost to discuss your case and advise you on the best course of legal action to take. If appropriate, we will file your wrongful death claim at no charge, and we will fight for you and your family until your case is resolved. You will not pay for any legal services unless you first receive a fair recovery for your loss. If you are paying a personal injury lawyer an hourly rate to handle your wrongful death case, that is not the right lawyer for you.
Make Sure Your Missouri Wrongful Death Case Is Done Right
If you lost a loved one because of the reckless or negligence actions of someone else, you deserve the best wrongful death representation you can find. You deserve the comprehensive and compassionate representation of the Missouri wrongful death attorneys at Foster Wallace, LLC.
Contact us today for a free consultation. We will make sure you understand exactly what you need to know in a wrongful death case in Missouri. If appropriate, we will make sure your claim is filed in a timely manner and that your damages are fairly valued. Most importantly, we will fight tirelessly to hold the responsible party accountable for the death of your loved one, and we will make sure you receive the compensation you and your family deserve.
If you have lost a love one because of someone else’s negligent or intentional act, you have a right to seek compensation on behalf of your loved one and for yourself. We know that no amount of compensation will make up for the loss of your loved one, but any recovery will assist you financially while you are grieving through this difficult time.
The attorneys at Foster Wallace are experienced at bringing wrongful death claims in Missouri. We want to assist you in obtaining financial relief for yourself and justice for your loved one. We offer a free consultation. Please call us today.
