Has someone you love passed away as a result of another person’s negligence? At Foster Wallace, we understand that the pain you’re feeling can be hard to bear, especially when you consider that your loved one might still be alive today if the at-fault party had behaved better.
While we cannot bring your family member or friend back to life, we can represent you as your Raytown wrongful death lawyer and advocate for justice in your case. With over 45 years of combined experience, we’ve recovered more than $1 billion in compensation for our clients.
We’re here to advocate for you as your Raytown personal injury lawyer.
What Constitutes a Wrongful Death in Missouri?
Under Missouri law, a wrongful death occurs when a person dies as a result of someone else’s negligent, reckless, or intentional actions. The key to a wrongful death claim is that the death would not have occurred without the defendant’s actions or omissions.
If a person dies as a result of the defendant’s negligence, surviving family members may be eligible to file a lawsuit for wrongful death. Let’s take a closer look at the circumstances that can lead to wrongful death claims.
Motor Vehicle Accidents
Car, truck, and motorcycle accidents are one of the leading causes of wrongful death claims. In Raytown, where highways, streets, and local roads are frequently traveled, fatal accidents can result from the following behaviors:
- Driving while distracted
- Speeding above legal limits
- Operating a vehicle under the influence
- Failing to obey traffic laws
Medical Malpractice
When a healthcare professional makes a mistake that leads to the death of a patient, the surviving family members may have grounds for a wrongful death claim. Examples of medical malpractice that can lead to wrongful death are as follows:
- Misdiagnosis
- Surgical errors
- Medication errors
- Inadequate medical care
Premises Liability
Property owners are responsible for maintaining safe conditions on their premises. In cases where a fatal accident occurs on someone’s property due to hazardous conditions, families may have grounds to file a wrongful death claim.
Product Liability
Defective products or unsafe consumer goods can also lead to wrongful death claims. If a product, such as a defective automobile, pharmaceutical drug, or household appliance, causes the death of a consumer, the manufacturer or retailer could be held liable.
Workplace Accidents
Certain jobs carry inherent risks, but when employers or others in charge fail to provide a safe working environment or appropriate safety equipment, fatal workplace accidents are more likely to occur. Wrongful death claims can be filed when a worker dies due to negligence or unsafe working conditions.
Criminal Acts
Intentional acts of violence—such as assault or murder—can also result in wrongful death lawsuits. Under these conditions, the responsible party could face both criminal charges and civil liability.
Negligent Security
Fatal incidents—including shootings or assaults—can occur when business owners, landlords, or property managers fail to provide adequate security measures. This includes proper lighting, surveillance cameras, and security personnel.
Statute of Limitations for Filing a Wrongful Death Claim in Missouri
In Missouri, a wrongful death claim must be filed within three years of the date of death. This is known as the statute of limitations, and if the claim is not filed within those 36 months, you could legally lose your right to seek compensation.
Therefore, family members need to act promptly and hire a Raytown wrongful death attorney if they are considering the idea of filing a wrongful death lawsuit. However, in Missouri, only certain individuals have the legal standing to file a wrongful death claim.
The following individuals can pursue a wrongful death lawsuit on behalf of the deceased:
- Spouses
- Children
- Parents
- Siblings
The lawsuit must be filed by the individual who represents the deceased person’s estate. If the deceased person had a will, the executor named in the will typically handles the legal matters. In the absence of a will, the court appoints a representative for the estate.
Contact our Kansas city personal injury lawyers now.
Proving Wrongful Death in Raytown
To succeed in a wrongful death lawsuit, the plaintiff must prove that the defendant was legally responsible for the death. This means your wrongful death attorney in Raytown must demonstrate the following legal elements:
- Negligence: The plaintiff must show that the defendant acted negligently or failed to take reasonable precautions to prevent harm.
- Causation: The plaintiff must establish that the defendant’s actions directly caused the death. This means proving that the defendant’s actions were a major factor in bringing about the fatal incident in the first place.
- Damages: In a wrongful death claim, the plaintiff must demonstrate that they suffered harm due to the loss of their loved one. This includes both economic damages, such as medical bills and lost income, and non-economic damages, including emotional pain and loss of support.
Call Our Wrongful Death Attorneys in Raytown for Legal Advice and Guidance in Your Case
Losing a loved one is a type of pain that is hard to put into words. When that loss happens because of someone else’s negligence or intentional actions, it can be even harder to process. However, you’re not alone; our Raytown wrongful death attorneys can help.
At Foster Wallace, we know that wrongful death claims give families like yours the chance to hold the responsible parties accountable. It’s also a way for you to get the financial support you need to move forward.
If you’ve lost a family member due to someone else’s actions in Raytown, it’s important to know that you have options. Call our Raytown wrongful death law firm to learn more about your rights and how a lawyer can guide you through this incredibly tough time.
