Missouri Wrongful Death Attorneys
A wrongful death claim is brought in a civil action, usually by close relatives, against a person or entity responsible for a death. A wrongful death lawsuit alleges that the victim was killed as a result of negligence or some other unjust action. Common wrongful death lawsuits include cases involving automobile collisions, truck collisions, construction accidents, medical malpractice, fires, bus collisions and train collisions.
All states have unique laws relating to wrongful death claims, but these laws usually follow the same general guidelines. A wrongful death claim typically 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. Wrongful death cases are quite different from ordinary injury cases, and the wrongful death attorneys at Rotts & Greenwade, LLC can often be of assistance to a family who has lost a loved one.
Although monetary gain can obviously never replace the loss of a family member, a defendant can be liable for monetary losses resulting from the death of a loved one. These monetary costs may include medical and funeral expenses, lost earnings, care and other financial support that would have been provided by the deceased in the future. Recovery of these damages is usually limited to spouses, children and the parents of the deceased person. Other family members may establish a claim if there are no persons in that first group of relatives just mentioned. Missouri Revised Statute 537.090 describes the type of damages that can often be awarded in a wrongful death case in Missouri. This statute should be reviewed and utilized for every wrongful death case in Missouri. In sum, Missouri Revised Statute 537.090 allows victims to receive the following damages in a wrongful death cases:
• Pecuniary losses suffered by reason of the death
• Funeral expenses
• The reasonable value of the deceased's services, consortium, companionship, comfort, instruction, guidance, counsel, training, and support
• Such damages as the deceased may have suffered between the time of injury and the time of death and for the recovery of which the deceased might have maintained an action had death not ensued
• Mitigating or aggravating circumstances attending the death may be considered by the trier of the facts, but damages for grief and bereavement by reason of the death shall not be recoverable.
Remember, however, that wrongful death lawsuits are complicated and vary from state to state. It may be hard to think about what to do during your grieving period, and filing a lawsuit may not seem to be urgent. Know, however, that wrongful death cases have to be filed within a certain time period, and it can often be best to act quickly in the event of a death. A wrongful death attorney such as the MO attorneys at Rotts & Greenwade, LLC can help you with this process.
The attorneys at Rotts & Greenwade, LLC have pursued wrongful death claims varying from trucking accidents, medical malpractice, nursing home cases, pharmaceutical cases and even bus accidents. We would like to discuss your potential claim with you. Our attorney firm has a team of lawyers, paralegals and assistants who work together on these kind of claims and are here to help.