Navigating Wrongful Death Claims

Today, we delve into a topic that many find uncomfortable but is essential to comprehend: wrongful death. We’ll explore the intricate legal landscape surrounding wrongful death claims, shedding light on its complexities, requirements, and implications under the law.

The Definition of Wrongful Death

Wrongful death is a legal term that encompasses situations where an individual, entity, or company fails to fulfill a legal duty, resulting in someone’s death. This could arise from negligent or intentional acts, including medical malpractice or accidents caused by negligence. Essentially, if the deceased would have had grounds to pursue a claim for damages had they survived, a wrongful death claim can be pursued on their behalf.

Who Can Pursue a Wrongful Death Claim?

Under Missouri law, specific individuals have the right to bring a wrongful death claim. Typically, immediate family members such as spouses, children, and parents of the deceased are prioritized. In cases where a child is the victim, the parent’s income is used as a basis for calculating damages, ensuring they receive appropriate compensation for their loss.

Understanding Damages in Wrongful Death Claims

Damages in wrongful death actions can encompass various aspects, including economic losses like medical expenses, lost income, and funeral costs. Additionally, non-economic losses such as companionship, guidance, and support are considered. However, it’s essential to note that damages for grief and bereavement are not recoverable under the law.

The Role of Legal Representation

Navigating a wrongful death claim can be overwhelming, especially during a time of grief and distress. Having a skilled attorney by your side is crucial in ensuring your rights are protected and maximizing your chances of a favorable outcome. One of our legal experts can assist in gathering evidence, calculating damages, negotiating with insurance companies, and representing your interests in court if necessary.

Wrongful death claims are complex legal matters that require careful navigation and expert guidance. By understanding the intricacies of the law, knowing your rights, and seeking the assistance of a qualified attorney, you can pursue justice for your loved one’s untimely passing. Remember, you don’t have to face this journey alone – we’re here to help you every step of the way.

If you’d like even more information, Attorney Eric Bartlett discusses this legal matter in even greater depth on his podcast. You can listen here.