.png)
A wrongful death is a tragic event that can have devastating consequences for the victim's surviving family members. Besides the emotional toll, they may also face significant financial hardship.
One of the most important questions that arise in such cases is who is responsible for compensating the family for their losses and damages. Can the dependents of the deceased person file wrongful death lawsuits to recover remuneration for their pain and suffering?
Below is more information about how Missouri handles wrongful death claims and what victims' surviving family members can do to recover the compensation they're entitled to. Powell Law firm can also advise on who pays for a work injury in Missouri.
How Are Wrongful Death Cases Handled in Missouri?
In Missouri, wrongful death cases are typically handled through civil lawsuits. The surviving family members must file a legal claim against the party or parties they believe are responsible for the victim's passing.
When a wrongful death civil lawsuit is filed, the burden of proof lies with the plaintiff. In other words, the person who initiates the legal action must demonstrate that the defendant's negligence or intentional misconduct caused the fatal injury.
Establishing liability is key to a successful wrongful death claim. Victims' surviving family members must collect strong evidence to prove the defendant's actions resulted in their loved one's passing.
Who Can File a Wrongful Death Claim in Missouri?
Under Missouri law, the following individuals can file a claim for a loved one's death:
The victim's surviving spouse
The victim's children
The victim's parents
The victim's siblings
Other dependents
If the victim had no surviving spouse, children, or parents, their siblings may be entitled to file a wrongful death claim. In this scenario, the court handling the case will appoint a plaintiff ad litem. This person can be entitled to initiate legal action to recover compensation.
What Legal Options Do Victims' Surviving Family Members Have?
These are the legal options that victims' surviving family members usually have in Missouri:
Missouri Wrongful Death Claim
A wrongful death claim is intended to seek compensation for the losses suffered by the victim's surviving family members, but this action doesn't always involve formal court proceedings and is common in insurance contexts.
The defendant's insurance company may pay for this claim, providing compensation for the following damages:
Funeral and burial expenses
Medical expenses incurred by the victim before their death
Lost wages and earning potential
Loss of companionship, consortium, and support
Missouri Wrongful Death Lawsuit
A wrongful death lawsuit is a legal action filed against the individual or entity responsible for the victim's passing. The goal is to hold the defendant accountable for the situation and to obtain compensation for the deceased person's family.
Through a successful wrongful death lawsuit, victims' surviving family members can recover the forms of compensation mentioned above and punitive damages in certain cases.
What Damages Can Victims' Surviving Family Members Recover in a Lawsuit?
As mentioned above, victims' surviving family members may recover damages for various losses through Missouri wrongful death lawsuits. These are some examples:
Economic damages: These damages remunerate the family for financial losses, such as lost wages, medical expenses, and funeral costs.
Non-economic damages: These damages are intended to compensate the family for emotional losses, such as pain and suffering, loss of companionship, and loss of consortium.
Punitive damages: These damages are intended to deter defendants from committing the same action that led to the victim's death and its consequences.
Who Should Pay for Such Damages?
The party responsible for the victim's death should pay for the damages. This could be an individual, a corporation, or a government entity. In some cases, multiple parties may be held liable.
Do Victims' Surviving Family Members Need Help from an Experienced Attorney?
Victims' surviving family members should always seek legal counsel from an experienced lawyer. Wrongful death cases can be complex, and an attorney can help understand the legal process and maximize the potential recovery.
How Wrongful Death Attorneys Can Help Victims' Surviving Family Members
This is what wrongful death attorneys in St Louis can do for victims' surviving family members:
Investigate the case: Attorneys will gather evidence and identify the parties responsible for the victim's death.
File the lawsuit: Lawyers will prepare and file the necessary paperwork to initiate the legal proceedings.
Negotiate with the insurance company: In many cases, the defendant's insurance company will try to settle the case for as little as possible. An attorney can help negotiate a fair settlement.
Represent the family in court: If a settlement cannot be reached, the case will go to trial. An attorney will represent the family in court and advocate for their rights.
Provide emotional support: The loss of a loved one can be overwhelming, and a wrongful death attorney can provide emotional support and guidance to the victim's family.
Handle administrative tasks: Wrongful death cases can be time-consuming and stressful, but a lawyer can handle administrative tasks, such as gathering documents and communicating with insurance companies.
The Statute of Limitations for Wrongful Death Cases in Missouri
The statute of limitations for wrongful death cases in Missouri is generally two years from the date of death. However, there are some exceptions to this rule, so it's important to consult with an attorney as soon as possible.
Other Important Aspects of Missouri Wrongful Death Cases
Besides knowing the general guidelines for filing claims or lawsuits and the statute of limitations, victims' surviving family members should pay attention to these factors when dealing with a wrongful death case:
Punitive damages: As explained above, in certain cases, the jury may award punitive damages to punish the defendant for their egregious misconduct. It's crucial to work with an experienced lawyer to maximize the chances of recovering this form of compensation.
Survival action: Besides a wrongful death claim, the victim's estate may be able to file a survival action to recover damages for the pain and suffering the victim endured before their death.
Defenses: The defendant may raise various defenses, such as contributory negligence or assumption of risk. An experienced attorney can help the victim's family counter these actions.
Wrongful death settlements: Some cases are settled out of court, but this requires consent from all parties involved (both plaintiffs and defendants). It's important to work with a lawyer to secure a settlement for a reasonable value.
Final Thoughts
A wrongful death can have devastating consequences for the victim's surviving family members. Fortunately, by understanding the legal process and seeking the help of an experienced attorney, families can protect their rights and seek justice for their loved ones. They can also be helpful in determining who pays for a dog bite in Missouri.
If you or a loved one has been affected by a wrongful death, don't hesitate to contact Powell Law Firm and request a free consultation. You have the right to seek compensation and hold liable parties accountable for their negligent or intentional actions.
Our experienced attorneys can help you understand your legal options and fight for the compensation you deserve.
Comentarios