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Losing someone to a wrongful death is one of the hardest things surviving family members can go through. The pain is deep, the loss is permanent, and the questions often feel endless.
It’s heartbreaking to deal with the emotional toll and the legal hurdles that follow.
In Missouri, families who have lost a loved one to an untimely demise may file a wrongful death lawsuit to seek compensation. Unfortunately, few know how to prove fault in such a painful situation. Powell Law Firm can also advise on how to prove fault for a work injury in Missouri.
What Is a Wrongful Death Claim?
A wrongful death case is a legal action that allows the family of a deceased person to seek compensation from the party responsible for their loved one’s death.
Generally, wrongful death lawsuits arise when someone else's negligence or wrongdoing causes a person’s untimely passing. This could be due to a car accident, medical malpractice, or even a faulty product.
The goal of a wrongful death suit is to help the family recover damages for things like medical expenses, lost wages, funeral expenses, and the emotional pain of losing their loved one. For more information, wrongful death lawyers in St Louis may be able to help.
The Three Conditions Victims Must Prove in a Wrongful Death Case
In a wrongful death action, surviving family members face a daunting task.
They must not only deal with the grief of losing a loved one but also navigate the legal system to hold the responsible party accountable.
Proving fault in a wrongful death lawsuit is not easy. The family members must demonstrate that certain conditions were met to win the case.
Duty of Care
The first condition to prove is that the defendant owed a duty of care to the victim. This means the other party had a legal responsibility to act in a way that would not cause harm.
In this event, doctors have a duty of care to provide proper treatment to patients. Similarly, drivers must pay attention to the traffic rules and drive safely to avoid accidents with passersby and other vehicles.
As a result, in a wrongful death suit, the family and their experienced wrongful death attorney must show that the responsible party owed their loved one this duty.
It’s the foundation of personal injury cases. Without establishing that duty existed, the case cannot move forward.
Breach of Duty
The second condition is proving the responsible party breached their duty of care.
This means they acted in a way that was careless, reckless, or negligent. For example, if a doctor failed to diagnose a life-threatening condition, or a driver ran a signal, this would be considered a breach of duty.
In some cases, such as medical malpractice, expert witnesses and experienced wrongful death attorneys may be needed to prove this breach. Without this step, the case for wrongful death cannot be fully established.
Causation and Damages
Lastly, the family must prove the breach of duty was the direct cause of the victim's death and led to real damages. Plaintiffs have to show the death would not have happened if the responsible party had acted properly.
The surviving spouse or other directly related family member must also demonstrate the financial and emotional losses they suffered because of their loved one’s demise.
These can include funeral and burial expenses, medical bills, lost wages, and the emotional toll on surviving family members.
Who Can File a Wrongful Death Lawsuit Under Missouri Law?
Wrongful deaths leave families broken and searching for answers. In Missouri, certain members have the right to file a wrongful death claim to seek justice and compensation.
However, not everyone can file such a case. The law is clear about who can take legal action in such instances. Powell Law Firm can also help with insight on situations for how to prove fault for a dog bite in Missouri.
Primary Parties
Under Missouri law, the right to file a wrongful death case belongs first to the immediate family of the victim. The list includes the surviving spouse, children, or parents of the person who has passed away.
These are the people most directly impacted by the loss. They have suffered emotionally, and many have also lost financial support.
As mentioned before, they may file a claim to recover damages for funeral bills, lost wages, medical expenses, and emotional pain.
Secondary Parties
If there are no immediate family members, the next group allowed to file is the victim’s siblings. Brothers and sisters can take legal action if no spouse, children, or parents are alive or able to file.
Deceased's Estate
On the other hand, if no family members are available, a representative of the deceased's estate can file an untimely death claim. The estate representative acts on behalf of the victim’s interests and surviving heirs.
Statute of Limitations for Wrongful Death Claims
Understanding who can open a wrongful death claim is important because time is critical in these cases.
Missouri law allows only certain family members to file, and the lawsuit must be brought to court within three years from the date of the loved one’s demise.
If eligible family members don’t take action in time, they may lose their right to seek compensation entirely.
What Are the Caps on Damages in a Wrongful Death Claim?
Damages typically refer to the financial compensation a family can receive for their losses in wrongful death cases.
However, Missouri places caps on certain types of reimbursements, specifically in cases of medical malpractice.
Non-economic Damages
Such losses are meant to compensate the family for things like pain and suffering, loss of companionship, and emotional distress.
In wrongful death cases involving medical malpractice, Missouri law limits how much a family can receive in non-economic damages.
As of 2024, the cap for non-catastrophic injuries in medical malpractice cases is approximately $470,000. However, for more severe injuries, the cap rises to about $822,000.
Economic Damages
The good news for families is that Missouri places no cap on economic damages. These include tangible losses like medical bills, lost wages, and funeral and burial expenses.
In these areas, the family can recover the full amount of their losses without any legal limits.
Punitive Damages
On the other hand, in some wrongful death claims, the court may award punitive damages. These are meant to punish the responsible party for reckless or malicious behavior.
While punitive damages are rare, they can be significant. Missouri does place a cap on such reimbursements, which is set at five times the amount of compensatory damages or $500,000 - whichever is greater.
Final Words
While no amount of money can truly compensate a family for their losses, a wrongful death claim can help ease some of the financial load left behind.
Monetary burdens can add stress to an already unbearable situation. A wrongful death claim ensures the family gets some support to rebuild their lives.
The road to proving wrongful death is tough, but surviving members don't have to walk it alone.
With the guidance of an experienced wrongful death lawyer, they can seek the justice and compensation they deserve.
Powell Law Firm stands ready to help plaintiffs in Missouri through these challenging times, fighting for the memory of their lost loved ones.
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