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Wrongful DeathMissouri Wrongful Death Attorney
Serving Missouri, St. Louis and Surrounding areas
If a loved one has been killed in an accident, it is important to review the facts of their fatal incident with a Missouri wrongful death lawyer who is familiar with Missouri wrongful death law. If after our free initial consultation you decide to pursue a claim under the Missouri wrongful death statute or under another state’s wrongful death statute, we will file the necessary documents against the person responsible for the accident.
Has A Loved One Suffered a Wrongful Death?
As a Missouri wrongful death law firm we understand that a family member who has lost a loved one will be experiencing many emotions. When you contact our firm we will guide you through every step of the legal process and fight for the legal rights of your loved ones.
Our law firm understands that no amount of monetary compensation will bring back your loved one, but we also strongly believe that people must be held accountable for their actions. Additionally, the money recovered from a Missouri wrongful death lawsuit can assist with any outstanding medical expenses, funeral costs, as well as income replacement if the deceased was the primary income earner.
Who Can File a Wrongful Death Claim?
In most states, only the immediate family is able to file wrongful death claims, but some states allow extended family to file the wrongful death claim. Also, if the only family members available to file the wrongful death claim, then the court will most often assign a guardian to represent their best interests during the case.
There are also statutes of limitations within each state that determine how much time you have to file the wrongful death claim. In Missouri, a wrongful death claim can be filed anytime up to three years after the death of the family member
When a family member dies as a result of a wrongful death, you can recover different damages:
- Expenses associated with the wrongful death such as medical and funeral bills
- Punitive damages
- General damages
- Loss of benefits (this occurs when the victim provided benefits like medical, dental, pension, etc.)
- Loss of inheritance
- Loss of anticipated earnings
- Loss of companionship
- Loss of care or protection
- Pain and suffering
- Mental anguish
Many different things can cause a wrongful death, including:
- Car accidents
- Truck accidents
- Medical malpractice
- Defective products (product liability)
- Workplace accidents
Missouri Wrongful Death Statute
RSMo.537.080. 1. Whenever the death of a person results from any act, conduct, occurrence, transaction, or circumstance which, if death had not ensued, would have entitled such person to recover damages in respect thereof, the person or party who, or the corporation which, would have been liable if death had not ensued shall be liable in an action for damages, notwithstanding the death of the person injured, which damages may be sued for:
(1) By the spouse or children or the surviving lineal descendants of any deceased children, natural or adopted, legitimate or illegitimate, or by the father or mother of the deceased, natural or adoptive;
(2) If there be no persons in class (1) entitled to bring the action, then by the brother or sister of the deceased, or their descendants, who can establish his or her right to those damages set out in section 537.090 because of the death;
(3) If there be no persons in class (1) or (2) entitled to bring the action, then by a plaintiff ad litem. Such plaintiff ad litem shall be appointed by the court having jurisdiction over the action for damages provided in this section upon application of some person entitled to share in the proceeds of such action. Such plaintiff ad litem shall be some suitable person competent to prosecute such action and whose appointment is requested on behalf of those persons entitled to share in the proceeds of such action. Such court may, in its discretion, require that such plaintiff ad litem give bond for the faithful performance of his duties.
2. Only one action may be brought under this section against any one defendant for the death of any one person.
If you have a family member that has died, an experienced Missouri wrongful death attorney will be able to explain what the different rules and regulations are that concern your wrongful death claim. Call toll free 1-866-519-0085 for a free Missouri wrongful death law consultation.