If you’ve lost a loved one due to someone else’s negligence, you may be left wondering about what kind of legal action you can take. You may also have questions about whether you can recover compensation for wrongful death.
So, is wrongful death a civil or criminal matter? Wrongful death is a civil claim that families file to recover compensation, though the state may impose criminal charges as well.
Wrongful death lawsuits can be long and stressful, especially if liability is unclear or the insurance company refuses to cooperate. A Kansas City wrongful death lawyer can handle every aspect of your claim so you can focus on spending time with your family.
Is Wrongful Death a Civil or Criminal Case?
Wrongful death is a type of civil case that allows surviving family members to seek monetary compensation from the party responsible for causing the death.
In a criminal case, on the other hand, the state prosecutes the wrongdoer for crimes such as manslaughter or homicide and hands down legal punishments.
Though these two processes are separate, they can run alongside each other. For example, a drunk driver may face criminal charges from the state while the victim’s family pursues a wrongful death claim. It’s important to note that a criminal conviction is not required to win compensation in a wrongful death case.
Who Can File a Wrongful Death Lawsuit in Missouri?
Per RSMo § 537.080, the following parties can file a wrongful death claim in Missouri:
- First priority: A spouse, child (including adopted children), grandchild, or parent of the deceased can bring the claim.
- Second priority: A sibling of the deceased or the sibling’s descendants can file the lawsuit if no spouse, children, or parents exist.
- Third priority: A “plaintiff ad litem” appointed by the court can pursue the claim if no eligible family members from the first two groups exist.
This hierarchy ensures that the people most directly impacted by the loss have the first opportunity to bring a wrongful death action.
Contact our Kansas city personal injury lawyers now.
What Is the Time Limit for Filing a Wrongful Death Lawsuit in Missouri?
In Missouri, the statute of limitations for wrongful death claims is three years from the date of death. If you miss this deadline, the court will likely dismiss your case, regardless of its merits.
Consulting a wrongful death lawyer early will ensure they have time to investigate, gather evidence, and file your lawsuit before the clock runs out.
What Are the Odds of Winning a Wrongful Death Lawsuit?
Your chances of winning a wrongful death case will depend on the strength of your evidence and the circumstances of the death.
Factors that can affect your odds include whether:
- There’s clear proof of negligence or misconduct
- You have strong medical and financial documentation
- You can present credible witness testimony
- You have experienced legal representation
While no lawyer can guarantee a win, your odds will be much better with experienced representation.
What Types of Damages Can I Recover for Wrongful Death?
If you file a wrongful death lawsuit, you may be able to recover several types of damages meant to cover both financial and emotional losses. These can include:
- Medical expenses: You can pursue damages for the medical treatment your loved one received before death as a result of the injury.
- Funeral and burial costs: You can recover reasonable expenses associated with laying your loved one to rest.
- Lost income and benefits: You can recover the wages, benefits, and financial support your loved one would have provided had they lived.
- Loss of companionship and support: You can be compensated for the absence of your loved one’s care, guidance, and presence in your life.
- Pain and suffering: You can seek compensation for the emotional anguish and mental distress experienced by you and your family.
- Punitive damages: In cases where the defendant’s conduct was particularly reckless or intentional, you may be able to recover punitive damages.
How Can a Wrongful Death Lawyer Help Me?
If you’ve lost a loved one, the prospect of putting together a lawsuit may be overwhelming. A wrongful death attorney can provide critical support by:
- Investigating the case: A lawyer can collect evidence such as accident reports, witness statements, and expert testimony to strengthen your case.
- Calculating damages: An attorney can determine the true financial and emotional impact of the loss.
- Negotiating with insurers: A lawyer can handle communications and negotiations with the insurance company and work to maximize your settlement.
- Representing you in court: If a fair settlement can’t be reached, an attorney can present your case before a judge or jury and fight for a fair outcome.
Speak to a Wrongful Death Lawyer Today
If you lost a loved one because of someone else’s negligence, you have the right to hold them accountable through a wrongful death lawsuit. These civil cases can provide financial stability and a sense of justice.
Missouri law enforces strict deadlines for wrongful death claims. If you wish to file one, a wrongful death attorney from Foster Wallace Personal Injury Lawyers can take on your case and fight for justice on your family’s behalf.
Schedule a free consultation to learn about how you can obtain the compensation you need to move forward.
