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WRONGFUL DEATH
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Wrongful Death
Wrongful death accidents are often caused by distracted diving, drunk driving, and various other forms of driver, product, premise related negligence, and sometimes intentional acts. Moreover, the physical and emotional impact of a wrongful death accident is extremely difficult to cope with. Loved ones of wrongful death victims face overwhelming debt from expensive medical bills, funeral costs, lost of financial support and companionship. If you and or other loved ones have been affected by a wrongful death accident, Roberts Attorneys At Law can help alleviate the stress by answering your claims-related questions and fight for the maximum compensation you deserve.
Types of Wrongful Death Accidents:
- Drunk Driving Accidents - Distracted Driving Accidents
- Tire Blowout Accidents - Pedestrian Accidents
- Hit and Run Accidents - Accidents Caused by Road Hazards
- Failure to Yield Accidents - Accidents Caused by Mechanical Malfunctions
- Rideshare Involved Accidents - Wrongful Death due to Defective Products
- Violent or Intentional Acts - Wrongful Death due to Trip, Slip, and or Fall
- Bicycle Accidents - Medical Malpractice
- Dog Attacks - Truck Accidents
- Train Accidents - Boat Accidents
- Airplane Accidents
Who May Be Liable?
Wrongful death accident claims can be complex and depending on the surrounding facts of the accident, you may have grounds for a claim against:
- The at-fault vehicle involved driver
- The at-fault vehicle involved owner
- The company that employs the vehicle driver
- A mechanic who worked on the at-fault vehicle
- The company that manufactured the at-fault vehicle and or its parts
- The company that manufactured the defective product and or its parts
- The owner of the property where the trip, slip, and or fall occurred
- Company in connection with medical malpractice
- Dog owner
Who May File a Wrongful Death Claim?
Under Missouri Law, you must first have legal standing under Missouri's Wrongful Death Statue which establishes certain classes of individuals whom are entitled to file a wrongful death lawsuit:
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Class 1 - The surviving spouse; children; lineal descendants of a deceased child; or the parents.
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Class 2 - If there are no individuals in Class 1 to file an action, the siblings or their descendants may be entitled to damages.
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Class 3 - If there are no individuals in Class 1 or 2 to file an action, the court may appoint someone to file a wrongful death lawsuit.
* It's important to note that only one action may be filed under the Wrongful Death Statute against a defendant. Thus, working with an experienced wrongful death attorney to assist in determining the proper plaintiffs to be named in the wrong death claim is very important.
Evidence to Help Prove Negligence:
To give your claim the best chance of success, we will perform a thorough investigation into your collision to identify all potentially liable parties. Moreover, we will assist in gathering all available evidence to prove negligence and liability, which may include:
- At-fault driver's license - At-fault driver's insurance information
- Dash cam footage - Photos and videos of the accident scene
- Accident report - Traffic and other surveillance footage
- Black box data - Medical & accident report records
- Eyewitness testimony - Expert witness testimony
Types of Compensable Damages in a Wrongful Death Case:
Missouri wrongful death laws dictate the types of damages that are allowed in a wrongful death case. Family members may seek compensation for financial damages and non-financial damages. The laws are very specific about the types of wrongful death damages that are allowed in these cases.
Below are a variety of financial and non-financial damages family members may seek in a wrongful death action.
Financial damages include:
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Medical expenses incurred by the decedent between the date of injury and date of death
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Funeral, cremation, and burial expenses
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Loss of future income of the decedent
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Loss of comfort, services, companionship, instruction, training, counsel, and guidance that the decedent would have provided to family members
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Non-financial damages include:
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The suffering that the decedent would have endured between the date of the injury and the date of death.
How much can you sue for wrongful death in Missouri?
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There's typically not a cap on the amount of compensation a jury may award in a wrongful death action.
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However, damages from wrongful death claims involving medical malpractice (catastrophic & non-catastrophic), are governed by state caps on certain damages.
Our wrongful death attorneys work diligently to maximize the wrongful death awards you receive from a claim. We strongly believe those who have suffered the loss of loved ones deserve to be fully compensated for the negligent or wrongful acts of others.
Contact Roberts Attorneys at Law to discuss your case.
