The death of a loved one is never easy to move past, but it can be especially troubling when the negligence or carelessness of others contributed to their death. It might be easy to write these incidents off as accidents, but many could be considered a type of wrongful death.
While losing a loved one is a tragic event that no amount of compensation can remedy, obtaining just compensation can help you on the path forward toward healing.
The experienced personal injury attorneys at Zevan Murphy will work closely with you to evaluate your case and deliver compensation that helps alleviate problems caused by your loved one’s death. Get in touch with a St. Louis wrongful death lawyer today.
Wrongful death is not considered a type of criminal homicide, but rather personal injury. In a wrongful death case, the liable party must have a duty of care to the deceased individual and must have breached that duty by acting recklessly or negligently in a way that resulted in death, even the death of a stranger.
Causes of wrongful death include:
Regardless of the cause, if your loved one died because of another party’s reckless actions, work with our wrongful death attorneys in St. Louis today.
Wrongful death claims in Missouri are legally challenging, which makes it in your best interest to have our dedicated St. Louis attorneys backing you up from the start. Every wrongful death claim is specific to the unique circumstances involved, but the same legal principles apply to all claims.
You may have a solid wrongful death claim if your loved one could have filed a personal injury claim had they survived the accident in question. For example, if they were fatally injured in a car accident that was caused by a drunk driver, that could support a wrongful death claim.
The elements of successful personal injury claims include the following:
If your relative ultimately succumbed to their injuries and these elements apply, you – as their survivor – can file a wrongful death claim.
The state prioritizes who can file wrongful death claims in the following order:
Our wrongful death lawyers can help you determine if you are eligible to file a suit.
In a wrongful death claim, you can seek compensation for your losses in several primary categories. These include the lost income and other benefits that your lost loved one would have continued to provide your family. There are also the lost services that your relative provided, such as childcare or home maintenance, to consider.
In addition to economic losses, there are non-economic damages to assess. Some examples are loss of companionship, support, and consortium, which refer to the loss of your loved one’s ongoing presence in your life. A person may also seek compensation for loss of instruction and guidance, such as the guidance a parent provides their children.
Often, claimants file survivor actions with wrongful death claims. These address the losses the victim suffered as a direct result of the at-fault party’s negligence. Common examples include the cost of your loved one’s funeral and burial, their final medical expenses, and the pain and suffering they endured in the aftermath of the accident and prior to death.
Unlike some other states, Missouri does not cap the compensation you can seek in a wrongful death claim.
Every state sets a time limit for filing wrongful death claims, which is called the statute of limitations. According to Revised Statutes of Missouri § 516.120, the statute of limitations is a brief three years. This begins the day that your loved one ultimately died from their injuries, rather than from the date they were injured, if different.
If you fail to file a wrongful death lawsuit within this three-year timeframe, you may have no additional legal recourse. Discuss your claim with our knowledgeable wrongful death lawyers today.
If you believe your loved one was the victim of a wrongful death, contact a compassionate St. Louis wrongful death lawyer at Zevan Murphy right away. Waiting too long to file a claim can result in you losing your right to compensation, so seek the services of our attorneys today. Our reputation in the field and years of experience advocating for victims of negligence make us the right choice for your wrongful death case.
