Losing a loved one due to someone else’s negligence is one of the most painful experiences a family can endure. In such tragic circumstances, pursuing justice through a Liberty wrongful death lawyer can help provide closure and ensure that those responsible are held accountable.
Wrongful death claims arise when an individual loses their life due to the wrongful actions, negligence, or misconduct of another party. These cases can stem from car accidents, medical malpractice, workplace incidents, or other fatal accidents. If you are navigating such a situation, securing professional representation will allow you to focus on your family while a Northland Injury Law attorney handles the legal complexities of your case.
Wrongful death can result from a variety of incidents, many of which begin as personal injury and are preventable. Some of the most common causes of wrongful death include:
In each of these situations, families can seek legal recourse through a wrongful death claim to hold the responsible parties accountable.
In Missouri, only specific individuals are allowed to file a wrongful death claim. Additionally, It’s crucial to understand that wrongful death claims must be filed within a certain timeframe, known as the statute of limitations, which is generally three years in Missouri. An experienced attorney can help you sort through these legalities.
Wrongful death claims allow the family of the deceased to pursue financial compensation to help cover the losses caused by the death. Although financial compensation cannot reverse the loss of a loved one, it can provide crucial support for the family’s future and help alleviate the financial burden left in the wake of the accident.
The types of damages you can seek include:
To succeed in a wrongful death case, you must prove that the defendant’s negligent or wrongful actions directly caused the death. This requires demonstrating that the defendant owed a duty of care to the deceased, breached that duty, and that the breach resulted in the fatal injury. For example, in a medical malpractice case, you would need to show that the healthcare provider failed to meet the standard of care expected, leading to the patient’s death.
In cases involving car accidents, defective products, or dangerous workplace conditions, your wrongful death attorney will gather evidence, review accident reports, and consult with industry experts to establish negligence. This legal process requires thorough investigation and skilled representation to ensure that your claim is supported by strong evidence.
When dealing with the loss of a loved one, legal matters may seem overwhelming, but having a compassionate and experienced wrongful death attorney can make all the difference. A knowledgeable lawyer will handle your case’s legal aspects, from gathering evidence to filing paperwork, allowing you to focus on grieving and healing.
Your lawyer will also negotiate with insurance companies and any other parties involved to ensure you receive fair compensation. Having someone in your corner who understands the complexities of wrongful death claims and has a proven track record of success is essential.
In Missouri, certain family members can sue for wrongful death—the deceased’s spouse, children, or parents. If none of these individuals are available, a representative of the deceased’s estate can pursue the claim. Extended family members, such as siblings or grandparents, are generally not eligible to file for wrongful death unless they are appointed as the estate’s representative.
Missouri has a damage cap on certain damages in wrongful death cases, particularly medical malpractice cases. As of 2024, non-economic damages are capped at approximately $400,000, though this amount can vary annually based on inflation. There is no cap for economic damages, such as lost wages or medical expenses, which means families can seek full compensation for their financial losses.
In Missouri, you cannot directly sue a deceased person. However, if the person responsible for the wrongful death passes away, the claim can be pursued against their estate. The estate would be liable for paying any damages awarded through the lawsuit. This ensures that families can still seek justice even if the person responsible is no longer living.
In Missouri, wrongful death proceeds are typically distributed among the immediate family members of the deceased, such as the spouse, children, or parents. If multiple beneficiaries are entitled to compensation, the court may allocate the proceeds to reflect each party’s relationship to the deceased and the impact of the loss. The division of proceeds can be complex, and the court’s goal is to ensure fairness.
Losing a loved one due to an avoidable tragedy is an unimaginable experience. If you are located in Liberty, Northland Injury Law can help you recover the compensation you deserve. Whether your loved one’s death resulted from medical malpractice, a car accident, or another cause, the team at Northland Injury Law can ensure that your case is handled with care so you can focus on emotional healing.
Contact us today to schedule your free consultation.