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When a loved one dies unexpectedly, it often leaves the family with more than just grief. Financial hardship often ensues as the family members struggle to pick up the pieces. In these cases, a wrongful death claim can provide much-needed relief as loved ones recover from their loss.
Filing a claim for the loss of a family member isn't always easy, which is why it is important to have strong legal representation. Whether the wrongful death occurred because of medical malpractice or a car accident, the MO wrongful death attorneys at Powell Law Firm can help victims recover damages to finally find the closure they need to move on.
What Is Wrongful Death?
Wrongful death occurs because of the carelessness or recklessness of another person or a third party, whether intentional or accidental. Deaths are deemed wrongful if they could have been prevented, and this is a key element of any wrongful death case.
A wrongful death claim is a legal course of action that the family members or dependents of the bereaved take against the person or third party responsible for their death to recover compensation.
The truth is that a wrongful death lawyer can only file a lawsuit if the deceased played no part in their death or if their death occurred because of an unforeseeable catastrophe rather than an act of negligence by a third party.
If the decedent misused equipment or died in a traffic accident because of a storm, for example, no third parties can be held responsible for his or her death.
The Requirements for Filing a Wrongful Death Claim
To file a wrongful death claim, certain requirements must be met. St Louis wrongful death attorneys can help you file a claim. Here is a summary of these conditions:
Claims Must Be Filed by Those Authorized to Do So
Distant family members cannot file a lawsuit if immediate members of the decedent’s family are still alive. The court allows the deceased's immediate family members the opportunity to file these claims, including surviving spouses, children, and parents.
The Claim Must Be Made Within the Statute of Limitations
Missouri allows dependents a period of three years from the date of their loved one's death to make a claim. Those who fail to file a lawsuit within this period will forever lose their chance to file a claim for the wrongful death of their loved ones.
The Other Party Must Be Found to Have Been Negligent
The case will only be accepted if the plaintiff can prove that the defendant was negligent. An experienced wrongful death lawyer in Clayton can help prove that the accused had a duty of care to keep the deceased from harm and that he or she neglected this duty, which led to the decedent's death.
Next, the wrongful death lawyer will prove that the breach of duty and the death of the family's loved one led to the family’s losses.
Accidents That Lead to Wrongful Death
According to the Centers for Disease Control and Prevention (CDC), more than 200,000 people die because of the negligence of others in the United States. These deaths can occur in a number of scenarios. Here are some of the accidents that lead to wrongful death in Clayton, MO:
Work-related Accidents
Sometimes, things can go wrong in a work setting, leading to an employee being injured while on the job. In such cases, wrongful death claims can be brought against the employer. Work-related incidents are common in settings where dangerous equipment is used, such as factories and construction sites.
Suppose a company is negligent and fails to service its equipment, offers inadequate personal protective equipment (PPE), or does not have an emergency door in the event of a fire. In that case, the company can be held liable for the wrongful death of its employee.
Other reasons for work-related deaths include inadequate training, poor chemical handling, and more.
Medical Malpractice
When a loved one is left in the care of a healthcare professional, the family expects that they will receive the best possible treatment. However, this isn't always the case, and patients are sometimes misdiagnosed, ill-treated, or neglected.
Sometimes, surgeons can make fatal errors during surgery, which can cost their patients their lives, and life-saving equipment such as ventilators can fail. When this happens, it could warrant a Clayton, MO, wrongful death lawsuit. Get in touch with Clayton wrongful death lawyers from Powell Law Firm to book a free consultation to find out more!
Traffic Accidents
The truth is that traffic accidents are the leading cause of fatalities in the US. When a truck or car accident occurs because another driver was speeding or driving under the influence of drugs or alcohol, it could warrant a wrongful death claim.
Other reasons for wrongful death in a traffic accident include distracted driving, road construction, and more.
Criminal Acts
If a loved one is lost because of a criminal act, the family of the bereaved can bring a wrongful death lawsuit to claim damages from the perpetrator. This is in addition to the criminal charges that the victim will face. Criminal acts include theft, murder, and other violent crimes.
Claiming Damages: What Are Dependents Entitled to?
MO wrongful death attorneys are responsible for ensuring that their clients receive fair compensation for their damages. This doesn't just include the obvious monetary damages, such as funeral expenses and medical costs.
It also includes damages for the emotional trauma that the family experienced as a result of the death of their family member. Special damages are divided into two categories, namely special and general damages.
General Damages
These damages are intangible, non-monetary losses that the family suffers after losing a loved one. This includes emotional distress, pain and suffering, loss of enjoyment, and any post-event trauma that the family experienced.
General damages are much harder to determine, which is where a wrongful death attorney can help. Those who need help calculating general damages in wrongful death cases can contact an experienced wrongful death attorney at Powell Law Firm to find out more!
Special Damages
Special or economic damages are the monetary losses that dependents of the deceased face. This includes:
Medical bills
Lost income
Loss of benefits
Funeral costs
Loss of an inheritance
A wrongful death attorney in Clayton will help dependents track down and present proof of these damages, which includes medical bills, funeral expenses, payslips, and evidence of funeral expenditure.
Who Can File a Wrongful Death Lawsuit?
Only the family members of the decedent can bring wrongful death claims. The following people can file a wrongful death lawsuit:
Surviving spouse
Parents of the deceased
Children or if the children are deceased, their children may file a wrongful death lawsuit
If none of these family members are alive, the decedent's siblings or their dependents can bring a wrongful death suit.
How Can Wrongful Death Lawyers Help?
The truth is that the grief from losing a loved one can be overwhelming. However, when a death could have been prevented and occurred because of someone else's gross negligence, dependents need to contact a wrongful death attorney in Clayton, MO, to help them file a lawsuit.
In many wrongful death cases, assigning blame or liability can be difficult, which is why hiring a legal team that has experience with wrongful death lawsuits is essential. A wrongful death lawyer will help the family determine who is responsible for causing their loved one's death and help them to obtain fair compensation.
With a skilled MO wrongful death attorney on their side, family members will have a dedicated and reliable negotiator and trial attorney who can help them make the most of their one opportunity to honor their loved one's memory by holding the guilty party responsible for their actions.
What do wrongful death lawyers do? Here are a few ways a wrongful death lawyer can help:
An experienced wrongful death lawyer will investigate the case and gather key witnesses and evidence to support the claim
He or she will also offer legal representation, advice, and guidance
Clayton, MO wrongful death lawyers, will also determine the value of the claim and what damages can be claimed
Attorneys will also liaise with the defense and take the case to court if need be
A wrongful death lawyer will also liaise with an insurance company if need be to ensure that dependents get a fair settlement
Other Clayton Practice Areas
Ready to File a Wrongful Death Claim in Clayton, MO?
The experienced MO wrongful death lawyers at Powell Law Firm understand that no amount of money can bring back the person that was lost. However, compensation can help relieve the financial pressures that often follow when a financial contributor is lost.
Wrongful death lawyers can help investigate the case's unique facts, gather sufficient evidence, and present it in court. They can also offer the guidance and legal counsel that family members need to take legal action.
Call Powell Law Firm at (314) 470-1374 or complete the online form to book a free consultation with a wrongful death lawyer!
Looking for a personal injury attorney instead? The personal injury lawyers at Powell Law are experienced and knowledgeable enough to handle even the most challenging cases!
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