It is never easy losing someone who is close to you. It is even worse if you know that their death could have been prevented. When your loved one dies as a result of another person’s recklessness, you may be able to receive compensation in a court of law in Missouri. In this article, we explain what wrongful death is, how to bring a claim for wrongful death, and how you can obtain your justice.
What is Missouri Wrongful Death?
Missouri wrongful death is when a human being loses his or her life as a result of someone’s reckless and careless error or negligence. It is not an offense every time. Even if there is no crime, you can bring a civil suit for money damages.
Examples:
- A man who was killed in a car crash.
- A doctor who commits a ghastly blunder.
- A nursing home that fails to properly care for your loved ones.
- A producer of a deadly product.
Wrongful death law is there to help families in the legal process to find answers and hold the individuals or companies responsible.
Who May Bring a Wrongful Death Action?
Missouri statute clearly states who may bring the action. A preference is given:
- The spouse, children, or parents of the deceased.
- The victim’s siblings or their children if there is no spouse, child, or parent.
- A court-appointed representative if there is no available family member to bring the action.
If you’re unsure if you have the right to sue, a skilled personal injury lawyer in Kansas City will talk to you and explain your rights.
What Types of Damages Can You Recover?
Money can’t bring back your loved one, but it will allow you to move on. Wrongful death damages typically encompass:
- Burial and funeral costs.
- Medical bills from treatment before death.
- Lost income the individual would have earned.
- Pain and suffering the individual endured before death.
- Loss of love, guidance, and companionship.
Every case is unique. The amount depends on many variables, including your loved one’s age, health, income, and place in your family.
See also: Tuck Beard Law: Your Trusted Legal Advocate in East Tennessee
How Long Do You Have to File a Claim?
Missouri does have a statute of limitations. You generally have three years from the day your loved one died to file the claim. Delaying too long will lose your right to receive damages for good. There are shorter time limits for others, like claims against the government. It is wise to seek advice from an attorney early.
How Do You Prove Negligence?
In order to win your case, you must prove:
- Duty: The other party owed the duty to look out or follow rules.
- Breach: They violated that duty.
- Causation: Their violation caused the death of your loved one directly.
- Damages: You yourself sustained injuries as a consequence.
Evidence is paramount. It may be police reports, hospital records, witness depositions, photos, and expert evidence.
Do You Need an Attorney?
Even if you do not have to retain an attorney, wrongful death suits are complex. Insurers have adjusters who wish to pay out as little as they can. An attorney can:
Obtain evidence and document it.
- Deal with paperwork and deadlines.
- Negotiate with insurers.
- Bring the case to court if need be.
- A capable lawyer delivers your case so that you can grieve and heal.
What Happens In a Wrongful Death Lawsuit?
The process is generally:
Case investigation and review.
- Suing.
- Filing a complaint in court.
- Serving papers on the defendant.
- Discovery, in which information is shared by the two sides.
- Negotiation and possible settlement.
- Trial, if no settlement is negotiated.
Most cases settle before trial. But if it must, a jury decides the outcome.
Why Sue?
Other people do not sue because someone they love has died. But making others take responsibility can:
- Provide money to pay bills and support your family.
- Provide a sense of justice.
- Assist in making sure the same kind of injury does not occur to someone else.
You have the right to protect the future of your family.
Choosing The Best Lawyer
Look for someone who:
- Has handled wrongful death cases.
- Practiced in Missouri courts.
- Explain it in simple, clear language and keep you informed.
- Works on a case on a contingency fee basis (they only get paid if you do).
Most lawyers offer free consultation. Use it to have questions answered and know what you have as options. Call an experienced Kansas City Wrongful Death Lawyer for free consultation.
Common Causes of Wrongful Death
Wrongful death is the result of a broad range of negligence. Some of the most common include:
- Car, truck, and motorcycle accidents.
- Medical negligence.
- Abuse or neglect in nursing homes.
- On-the-job injuries.
- Defective products.
- Premises hazards.
If your loved one died of one of these, then you likely have a good case.
How Compensation is Divided Among Family Members
Missouri law divides damages among different eligible family members. The courts consider who lost something and how much care the person had. The judge steps in sometimes and appoints someone to take care of the money and divide it fairly.
How to Protect Your Case
- Obtain all the records right away.
- Photocopy receipts and bills.
- Write down what you recall.
- Don’t put too much on social media.
- Consult with an attorney before signing anything.
Small pieces create a big difference.
Frequently Asked Questions
1. How much does it cost to contract the services of a wrongful death attorney?
Most lawyers work on a contingency fee basis. This is not where you pay something initially. The lawyer only receives a fee if you win or settle your claim. The fee ranges from 25% to 40% of what you recover.
2. Can I sue if criminal charges were filed?
Yes. A criminal accusation and a civil wrongful death claim are separate. You can obtain damages even if the individual is not convicted of a crime.
3. What if my loved one was partly responsible?
Missouri is a comparative fault state. You may recover damages, but they may be reduced by their percentage of fault.
4. How long is a wrongful death lawsuit?
It depends on the case. Some are resolved in a couple months. Some take over a year, especially if they have to be tried.
5. What do I bring to the first session with an attorney?
Bring with you any documents you have, including death certificates, medical records, accident reports, and insurance policies, and a list of questions. This gives the attorney an idea of your case.
