Saint Joseph Wrongful Death Lawyer

Saint Joseph Wrongful Death Attorney

Dealing with the death of a loved one can be emotionally taxing enough as it is. This emotional and financial turmoil can be even further strained when the death was caused by someone else’s negligence and, therefore, avoidable. If your loved one suffered a wrongful death, you may be entitled to compensation for your troubles. A Saint Joseph wrongful death lawyer can help you seek the justice you and your family deserve.

Why Choose Northland Injury Law?

En Northland Injury Law, we understand how difficult it is to experience the wrongful death of a loved one. Each case should be handled with the delicacy and careful attention that it needs. We can assist you in filing your claim and the process that follows. We can handle the legal side for you so you can focus on your and your family’s recovery.

What Is Wrongful Death?

The state considers a death to be wrongful if circumstances would have let the victim recover damages if they had not died from those circumstances.

In other words, if the deceased person had lived, they would have been able to start a personal injury claim. So, a person who files the claim on behalf of the victim can file it against the person or business whose actions led to the death. In most cases, the family of the victim is the one who files the claim.

First, the deceased spouse has priority in filing a claim. If they did not have a spouse, their children and/or parents can file the claim. If there are no relatives that fall into this category that can or want to file a claim, then the deceased person’s sibling or their descendants can file. If there are no eligible relatives, a court-appointed representative may file.

Damages in a Wrongful Death Claim

After filing a wrongful death claim, if the plaintiff is successful, the defendant will be required to pay damages to them. These are the plaintiff’s claimed losses to the estate or survivors of the person who died. Damages for wrongful death will depend on the case’s specifics. The types of damages and how much they are will vary.

The person filing the claim can be awarded the costs of the funeral and burial of the victim. They can also be awarded costs and reimbursement for medications for the person who died, the value of the wages and benefits they would have earned if they had lived, any pain and suffering they went through before they died, and the value of the services, support, companionship, comfort, instruction, and guidance they would have provided to their surviving family members.

Damages may also be available for the value of the caregiving services the person who died gave. If the person who died wasn’t working full-time and cared for at least one child, senior, or disabled person at least half of the time, Missouri makes it likely that the care they gave was worth a certain amount of money.

Who Can You File a Claim Against in a Wrongful Death?

Numerous people and groups could be held responsible in a wrongful death case based on the details of the incident. Not only can people be liable for wrongful death, but so can businesses, the government, and their workers if their actions or lack of care caused the death.

For example, en un accidente de coche involving a dangerous road and a drunk driver, the driver who caused the accident and their boss may be held responsible, especially if the driver was at work at the time and especially if they have a history of drunk or reckless driving. If bad road planning or maintenance played a part, the people who designed, built, or are in charge of that road could also be held responsible.

A claim could be filed against the company that made, sold, or installed a dangerous part of the car that caused the accident. Also, if the drunk driver got drunk somewhere, the person or business that gave them alcohol, as well as the owner of the place where they got drunk, might be responsible. The goal of these cases is to find all sources of negligence so that the family of the victim can get fair compensation and justice.

Preguntas frecuentes

Who Can Sue for Wrongful Death?

En Saint Joseph, Missouri, the spouse, children, or parents of the person who died are the first people who can file a claim for compensation for the death. If there are no such relatives, a sibling can file. If there are no close family members, the court may select a “plaintiff ad litem” to represent the estate of the victim and make sure that any damages that are due are sought for the beneficiaries of the victim.

What Is the Damage Cap for Wrongful Death?

It is important to note that there is no general damages cap in a wrongful death action in Missouri; nevertheless, the state’s limit on damages for medical malpractice applies to a wrongful death claim that was brought about by an error made by a healthcare practitioner. To know if there is a cap applicable to your situation, speak with a wrongful death attorney.

What Is the Time Limit on Filing a Wrongful Death Suit?

The statute of limitations for filing a wrongful death case in the state is usually three years after the deceased person’s death. Missing this deadline often prevents the family from filing a claim, and the court will likely dismiss the case. Early consultation with an attorney is recommended to ensure timely filing and full case preparation.

Can You Sue a Dead Person?

In Missouri, you cannot file a claim against a deceased person directly, but you can file a claim against their estate. If a deceased individual had liabilities or caused injury or death before their death, their estate can be held liable, and the claim will be pursued against the estate’s assets. An executor or administrator of the estate would represent the dead in these legal proceedings.

Contact Northland Injury Law Today

If your loved one suffered a wrongful death due to another person’s negligence or actions, you may be entitled to compensation. Northland Law Injury can help. Contact us today to speak to a representative.