Experienced Wrongful Death Law Firm
Wrongful death is brought in a civil action, usually by close relatives, against a person who is responsible for or can be held liable for a death. A wrongful death lawsuit claims that the victim was killed as a result of negligence or other unjust action. Common wrongful death lawsuits include such cases as automobile collisions, truck collisions, construction accidents, medical malpractice, fires and train collisions.
All states have some form of a wrongful death claim law that they use. They are all unique, but usually follow the same general guidelines. A wrongful death claim generally consists of four elements: (1) the death was caused, in whole or part, by the conduct of the defendant; (2) the defendant was negligent or strictly liable for the victim's death; (3) there is a surviving spouse, children, beneficiaries or dependents; and (4) monetary damages or human damages, such as loss of consortium have resulted from the victim's death. Missouri has such rules and Wrongful Death claims are governed by state of MO laws called statutes. These cases are quite different from ordinary injury cases and experienced Wrongful Death attorneys such as those at Rotts & Gibbs, LLC can often be of assistance to the family of a lost loved one.
A defendant can be liable for monetary losses as the result of the death of a loved one, although this monetary gain can obviously never replace the loss of a family member. These monetary costs may include medical and funeral expenses, lost earnings, care and other financial support that would have been provided in the future. These damages are usually limited to spouses, children and the parents of the deceased person. Other family members may make a claim if there are no persons in that first group of relatives. Emotional distress and pain and suffering are not awarded in a wrongful death case. These may be recovered through a personal injury claim. It seems wrong that grief and emotional distress are not a part of a wrongful death claim, but the wrongful death claim can seek damages from the guilty party for loss of all those companionship based things which give a relative comfort from the daily interactions between relatives.
Wrongful death lawsuits are complicated and vary from by state. It may be hard to think about what to do during your grieving period and filing the lawsuit may not seem to be urgent, however, wrongful death cases have to be filed within a certain time period. An experienced wrongful death attorney such as the MO attorneys at Rotts & Gibbs, LLC can help you with the process and the monetary damages that you may be entitled to.
Because most cases of this nature are done on a contingency fee basis, most of the time you will not be required to provide any money to pursue your claim and the attorneys will pay for the expensive and necessary costs to properly pursue your claim.
The lawyers at Rotts & Gibbs, LLC are currently pursuing wrongful death claims from trucking accidents, medical malpractice, nursing home cases, pharmaceutical cases and would like to discuss your potential claim with you. Our Mo attorney firm has a team of lawyers, paralegals and assistants who work together on claims such as this.
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