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Anyone currently dealing with a loved one's death due to the intentional or negligent acts of somebody else may have the necessary rights to pursue legal action against the negligent party. It is important for anyone pursuing a wrongful death lawsuit to work with a Chesterfield wrongful death lawyer who is both skilled and compassionate at their job.
The wrongful death attorneys at Powell Law Firm are equipped with the necessary skills and resources to help their clients receive the justice they deserve during this tragic time. When ready, clients can hold a person accountable for their actions or inactions. People may contact a Chesterfield wrongful death attorney at Powell Law Firm today to receive a private and free consultation regarding a wrongful death claim.
These wrongful death attorneys have had extensive experience representing the family members of wrongful death victims in and around the Chesterfield, MO, area. The case results have been promising thus far:
$6,000,000 wrongful death claim - Powell Law Firm successfully represented the family members of a man who was killed by the negligent actions of a commercial driver.
Each individual case is different. Therefore, the amount of compensation that can be received for damages and an individual's ability to hold a negligent party accountable for a loved one's death will be dependent on the factors unique to each case. Those wanting to pursue a wrongful death claim can learn more about their case by contacting a Powell wrongful death lawyer today for legal guidance and advice.
What Is Wrongful Death?
Simply put, wrongful death is a legal term that is used to describe a death that has been caused by the actions, misconduct, carelessness, or omissions of another party.
The wrongful death lawyers at Powell Law Firm have helped countless grieving family members pursue wrongful death claims for many different situations; some of the most common wrongful death cases include:
Automotive Accidents
A car accident, truck accident, bicycle accident, or any other motor vehicle accident are among the most common causes of a wrongful death claim. A loved one's death may have arisen as a result of the reckless or careless actions of another driver, such as driving drunk, speeding, driving aggressively, or being distracted while driving.
Workplace Accidents
It is not uncommon for on-the-job accidents to result in death, especially for those working in construction zones. Sometimes, death can result from the failure of an employer to provide their workers with a safe work environment. If this is the case, the victim's family members can choose to seek compensation over and above what is offered by a worker's financial recovery.
Medical Malpractice
Medical malpractice cases occur when a healthcare provider has failed to meet an appropriate standard of care, resulting in the death of a patient. Misdiagnosis, surgical errors, and failure to correctly diagnose are all common examples of medical malpractices.
Defective Products
Another common wrongful death case happens when a faulty product has resulted in the death of an individual. To illustrate, if faulty equipment caused the loss of a loved one's life, the manufacturer of the equipment and anyone else in the line of its distribution can be held accountable. The manufacturers of automotive parts, medical devices, and dangerous drugs hold product liability.
Unsafe Property Conditions
Property owners are responsible for taking the necessary measures to protect their visitors and keep them out of harm's way. Warning visitors about conditions that are considered dangerous, as well as fixing these hazardous conditions, are measures that a property owner is required to take on their premises.
Nursing Home Abuse and Neglect
Unfortunately, there are wrongful death cases that have resulted from the abuse and neglect prevalent in some Chesterfield, MO, nursing homes.
A Chesterfield, MO, wrongful death lawyer can advocate on behalf of anyone who has dealt with the death of a loved one due to a negligent person. Regardless of whether the death was a result of a careless healthcare provider or a reckless driver, the Powell Law Firm team is prepared to work tirelessly to prove negligence and hold the responsible person accountable for the death they have caused.
What Is a Chesterfield Wrongful Death Lawsuit?
A wrongful death lawsuit can be defined as a civil suit that has been filed by the close surviving family members of the deceased, who was killed as a result of the misconduct or negligence of another person. If there is uncertainty about whether or not the victim's family can file a wrongful death claim, it is important to note that these civil suits are appropriate for any accident where a victim would have been entitled to file a personal injury claim, should they have survived the accident. With any uncertainty, a qualified wrongful death lawyer in St Louis can assist in answering any questions you may have.
Who Can Bring About a Wrongful Death Claim in Chesterfield, MO?
Under Missouri law, a wrongful death claim can only be brought by the victim's surviving family members and estate. Anyone who files a wrongful death claim is called the personal representative, and they spearhead the legal action. Certain classes of relatives entitled to bring a wrongful death claim are:
Spouses
Parents
Children
Siblings
Any relative who is dependent on the deceased for financial support
In Chesterfield, MO, a person would need to prove that they are related to the deceased by blood, marriage, or adoption in order to recover compensation for their loss. If no surviving relatives remain, the recovery will be brought upon the individual who inherits the deceased's estate under the intestacy laws of Missouri.
Do Chesterfield Wrongful Death Claims Have a Time Limit?
As with any civil action, there is a statute of limitations that applies to the cause of actions of wrongful deaths. A general rule of thumb is that a personal representative generally has up to two years to file a wrongful death suit from the time of their loved ones passing.
Everyone in Chesterfield, MO, dealing with any type of civil suit is required to adhere to these statutes. Even if wrongful death lawsuits are filed a day or two after the deadline has passed, the claim will be dismissed without a second thought.
This is among one of the many reasons why it is important to work with an experienced wrongful death attorney in Chesterfield, MO, as they will ensure that wrongful death claims are filed in a timely fashion. The sooner one is able to receive legal help from a wrongful death lawyer at Powell Law Firm, the better their chances of meeting deadlines in the long run.
What Damages Can Be Recovered in a Wrongful Death Case in Chesterfield, MO?
The damages that can be recovered from a wrongful death lawsuit are different from the damages that one would recover, for example, in a personal injury lawsuit. Wrongful death damages have been described by Missouri law as those that are just and fair. These many forms of damages include compensation for the following:
An individual’s sorrow, solace, and mental anguish.
Lost wages, services, protection, assistance, and care of a victim.
Funeral expenses.
Medical expenses that were necessary to provide care to a victim post-accident and pre-death.
Aggrieved family members in Chesterfield, MO, are also allowed to recover compensation for punitive damages. Compensation for punitive damages exists to punish a defendant and possibly prevent them from committing similar or the same misconduct in the near future.
To recover punitive damages, the family of the victim must prove that the party liable engaged in conduct that was willful and wanton or that it amounted to a conscious disregard of others' safety.
A wrongful death lawyer in Chesterfield, MO, can help review the factors of an individual's case and advise them on the type of damages to expect. Even more so, MO wrongful death lawyers are also able to calculate the value of a wrongful death case. The wrongful death lawyers at Powell Law Firm are willing to help fight for nothing less than what the surviving family members deserve.
Other Chesterfield Practice Areas
How Can a Wrongful Death Lawyer at Powell Law Firm Help?
Those who are dealing with wrongful death lawsuits should be aware of the many rules, limitations, and requirements that are present. Those that are not aware can seek the guidance of a wrongful death attorney at Powell Law Firm in Chesterfield, MO.
It is their job to help the close family member of the deceased to navigate the legal system. They ensure that all wrongful death suits run as smoothly as possible, from start to finish. An experienced wrongful death lawyer at Powell can do the following for their clients:
Consultation with highly qualified professional Chesterfield wrongful death lawyers.
A prompt conduction and thorough investigation into the cause of the accident.
Confidence that a wrongful death claim will be filed in an accurate and timely fashion.
Negotiation on behalf of their clients for a wrongful death settlement that is fair and reasonable.
If necessary, these personal injury lawyers will take a case to trial.
Provide assistance when distributing a settlement among the deceased's family members.
A top priority for these lawyers remains their clients' best interests. They have recovered millions in compensation and are ready to recover more. Those who want to work with a Chesterfield, MO, wrongful death lawyer at Powell Law Firm today, can reach them at (314) 470-1374.
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