It is never pleasant to lose someone you care about. When the loss is a result of negligence by another, the grief is compounded. Missouri families have the opportunity to be made whole for the injustice they have suffered in the form of a wrongful death claim. In this article, we will discuss how wrongful death claims function, who can initiate a claim, what damages are available to you, and how to get started.
What Is a Wrongful Death?
A wrongful death is when an individual passes away as a result of another person’s or business’s carelessness or intentional act. Some examples include:
- Drunk or irresponsible driving accidents
- Medical negligence
- Hazardous work environment
- Defective products
- Negligent property situations
There is a wrongful death action to hold the responsible party accountable. It also enables the family to be compensated for loss caused by death.
Who can file a Wrongful Death Suit in Missouri?
Missouri law states something about who can file the suit. In order of priority, it is as follows:
First Priority:
- The surviving spouse
- Children
- Grandchildren (if the child is dead)
- Parents of the deceased individual
If none from the above group are available or willing to file the suit, then:
Second Priority:
- Siblings of the deceased individual or children of the siblings
If these people are not available or will not sue, the court has a “plaintiff ad litem” appointed. He or she sues on their behalf.
What Damages Can You Sue For?
Missouri allows the family to recover various types of damages. These include:
- Funeral and burial expenses
- Medical costs of the terminal illness or injury
- Lost income of the deceased loved one
- The economic value of care, services, or assistance the deceased gave
- Pain and suffering endured by the deceased before death
- Loss of companionship, guidance, and society
Judges look at many factors when they give a figure. They consider the age, health, earnings, and impact on the family.
How Long Do You Have to File
This time limit is called the statute of limitations. You have three years from the time of death to make the claim in Missouri. If you fail to do so, you likely lose the ability to make the claim.
Don’t wait so evidence is not lost and memories don’t disappear. A skilled Kansas City personal injury lawyer can help monitor deadlines and keep your claim current.
Proving Wrongful Death
To prevail on a wrongful death action in Missouri, you must prove:
- The person had a duty of care to your loved one.
- They breached their duty.
- Their breach caused death.
- You were injured by it.
If, for example, your loved one was struck by a drunk driver who ran a red light, you’d need proof of the driver’s duty (safe driving), breach (drunkenness), and causation (how the crash caused death).
Steps to File a Wrongful Death Claim
Below is a step-by-step process:
Consult with an Attorney
Get an attorney that specializes in wrongful death claims.
Gather Evidence
Retain medical records, police reports, witness statements, and receipts.
Identify Eligible Parties
Determine who is statutorily allowed to make the claim.
File the Petition
Attorney prepares and files a suit with the court.
Serve the Defendant
Legal notice of suit is provided to the defendant.
Discovery Process
Parties produce evidence and depositions of witnesses.
Negotiation or Trial
Most suits are settled before trial. Otherwise, the court delivers its judgment.
Problem Issues in Wrongful Death Cases
Wrongful death cases do not necessarily have to be simple. Complications may occur:
- Determining liability where facts are not straightforward
- Disputes over the degree of damages
- Family members quarreling among themselves as to who sues
- Insurance companies trying to settle for smaller amounts of money
A lawyer can overcome such hurdles and defend your rights.
Why You Need a Wrongful Death Lawyer
You don’t have to go it alone. An experienced lawyer can:
- Draw up papers and filing with the courts
- Negotiate insurance company offers
- Build a strong case with expert witnesses
- Guide you step by step
- Represent you to the judge in case it does end up in court
It can take some of the pressure off of you in an already stressful situation.
How Settlements Work
Most wrongful death cases are settled. The defendant or insurance company will pay the family a negotiated sum. This can happen before a suit is brought or later. Settlements can:
- Save the trauma of a trial
- Provide more immediate financial relief
- Keep it private, since court records are public documents
Your lawyer will negotiate on offers in the legal process and whether settlement or not is preferable.
Tax Aspects
In general, money you receive as a wrongful death settlement is tax-free. It is intended not to pay for loss, but to substitute for it. But components of a settlement—like interest or punitive damages—are taxable. Talk over your case with your lawyer or tax advisor.
What If the Deceased Individual Had a Will?
A wrongful death claim is separate from the estate or will of the decedent. The money received does not go through probate. They are sent directly to the eligible members of the family. That’s why the Missouri statute is quite specific regarding who may recover the money.
Can You Bring a Criminal and Civil Case?
Yes. Civil action, and its money damages. Criminally prosecuted by the state—homicide or manslaughter. You can bring a wrongful death action even though the person is being prosecuted. Lower burden of proof in the civil case.
What Happens if More Than One Person Files
Many times, several members of the same family try to file. The Missouri courts will pull together these kinds of claims and put them into one case so that they do not have possible conflicts. The court will decide how any award or settlement is divided among members of the family.
Frequently Asked Questions About Filing a Wrongful Death Claim in Missouri
1. Can stepchildren file a wrongful death claim in Missouri?
Stepchildren are excluded from the first group who are entitled as of right to bring the action. A person, however, who has been so authorized by the court, can bring the action on behalf of the individuals entitled to compensation. See your local solicitor about your case.
2. What if the deceased person was unemployed?
Although your relative did not receive a paycheck to bring home, you can recover for services, care, and companionship lost. Contribution value to the family is considered by judges.
3. Does everyone in the family have to agree to sue?
No. One competent person may sue on behalf of all of the beneficiaries. Where there are conflicts, they will be resolved by the court in the case.
4. How long does a wrongful death lawsuit take?
It depends. Some are settled within a few months’ time. Others take a year or more, especially if the case goes to trial.
5. What if the at-fault party is not insured?
You can go ahead with a suit and get a judgment. It will be hard to recover the payment if the party has no significant assets. A lawyer can seek other ways of recovering damages.
Final Thoughts
Suing for wrongful death in Missouri can be challenging, but you don’t have to go it alone. Knowledge of your rights is the start of justice and closure. If you believe your loved one lost their life as a result of the act of negligence of some other party, appoint an experienced wrongful death lawyer in Kansas City at the earliest possible. He will steer this painful procedure, present your case, and allow you to obtain justice and fair compensation for your loss.
