Did someone you love pass away as a result of another party’s actions or failure to act? At Foster Wallace, we recognize that wrongful death cases arise when a person dies due to the negligence, recklessness, or intentional misconduct of someone else.
These cases are often incredibly difficult for family members who are trying to grieve the loss of their loved one while simultaneously keeping it together and fighting for justice. We are here to be your Lee’s Summit wrongful death lawyer, so you won’t have to go through the legal process alone.
Our team has over 45 years of experience, and in that time, we’ve recovered more than $1 billion in compensation for people in situations similar to yours. You can trust us to advocate for your rights and pursue compensation as your personal injury attorney.
According to state laws, a wrongful death occurs when someone’s death is caused by a wrongful act, neglect, or default that would have allowed the deceased to file a personal injury lawsuit had they survived.
Essentially, a wrongful death claim serves as a legal substitute for the personal injury claim the deceased could have pursued if they didn’t die from the incident. Here are examples of common causes of wrongful death cases:
To succeed in a wrongful death claim, your lawyer must prove that the defendant’s actions directly caused the death. A Lee’s Summit wrongful death attorney can also show that surviving family members suffered measurable losses as a result.
Missouri law specifies a hierarchy of individuals who are eligible to file a wrongful death lawsuit. The law prioritizes immediate family members first. However, if no such relatives exist, more distant family members or court-appointed representatives may pursue the claim instead.
The first group eligible to file a wrongful death claim includes the following individuals in relation to the deceased person:
If any of these parties survive the deceased, they have the exclusive right to bring the claim.
If the deceased party doesn’t have any spouses, children, grandchildren, or parents, Missouri law allows siblings or their descendants—such as nieces or nephews—to file the claim instead.
If no eligible family members exist, the court may appoint a “plaintiff ad litem” to file the wrongful death claim on behalf of those entitled to inherit from the deceased’s estate. This individual is typically a close relative or someone designated by the court.
For help filing a wrongful death claim, contact our Lee’s Summit attorneys today.
Missouri imposes a strict deadline for filing a wrongful death lawsuit. Under state laws, the statute of limitations for wrongful death cases is three years from the date of the deceased person’s death.
If a lawsuit is not filed within this 36-month timeframe, you could lose your right to seek compensation permanently following the expiration of the statute. There are some exceptions to this timeframe, which wrongful death lawyers in Lee’s Summit can help you understand.
Missouri law allows surviving family members to seek compensation for both economic and non–economic losses associated with their loved one’s death. These damages are intended to ease the financial stress and emotional suffering following such an unexpected loss.
These damages represent the financial impact of the death:
These damages are intended to account for the emotional and psychological toll of losing a loved one:
Unlike some states that place a cap on the extent of wrongful death damages, Missouri does not impose a general limit on economic or non-economic damages in the majority of wrongful death claims. Lee’s Summit fatal accident attorneys can explain this to you in greater depth.
Wrongful death cases can be tough to get through, especially when you’re trying to figure out the legal system all by yourself. But no matter how overwhelming it feels, you don’t have to deal with everything alone.
With a Lee’s Summit wrongful death lawyer by your side, your lawyer can handle the legal side of things while you focus on what matters: healing from your loss and being there for your family and friends.
To find out how the team at Foster Wallace can help, give us a call as soon as possible. Once you reach out to us, we can review the circumstances surrounding your loved one’s passing and help you understand your options.
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