Auto Accidents
Truck Accidents
Motorcycle Accidents
Wrongful Death
Work InjuriesWrongful Death Attorneys
Serving Missouri, St. Louis and Surrounding areas
It is a terrible thing if one of your loved ones has passed away as a result of a wrongful death. You are entitled to receive compensation if your loved one has died as a result of another person’s negligence.
In most states, only the immediate family is able to file wrongful death claims, but there are some states in which the extended family is able 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 from many different damages:
- Expenses associated with the wrongful death like 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 Law
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.
If you have a family member that passed away, an experienced Missouri wrongful death attorney will be able to explain what the different rules and regulations are that concern your wrongful death claim.
Contact the law offices of Kevin J. Roach if you have a family member that has passed away from a wrongful death in the St. Louis, Missouri area. Call toll free 1-866-519-0085 for a free Missouri wrongful death law consultation.