In a wrongful death claim, a person may be held liable for the death of another. Such lawsuits, brought by a surviving dependant or beneficiary, claims that a loved one’s death was caused as a result of a willful or wrongful act, or the negligence of the defendant. Generally, the purpose of a wrongful death claim is to seek monetary damages as a result of the defendant’s conduct.
Customarily, a wrongful death claim may be brought against the individual(s) responsible, as well as a public agency that may be involved with the death, for example, a city or state, state prison or city jail, a state or private hospital, public company, school, or nursing home. The filing of a wrongful death lawsuit takes place in civil court. There are also time restrictions in place legally, otherwise known as a statute of limitations, which governs the time limitation a claimant has to file suit. The statute of limitations varies from state to state. Generally speaking, every state has their own guidelines and laws for wrongful death cases. In some states, a spouse or children may only have standing to bring a wrongful death claim, whereas others allow for grandparents or beneficiaries to a bring claim for damages.
Actions for pain and suffering, personal injury, or expenses incurred prior to the victim’s death may also be included in such claims. The damages awarded from these claims initially pass to the estate, and thereafter to different parties as directed by the decedent’s will.
Wrongful death can occur in a variety of circumstances. Statistically, every year in the United States, over 90,000 deaths occur due to malpractice alone. Other causes of wrongful death have resulted from slip and fall injuries, vehicular accidents, work related injuries, exposure to toxic materials, and defective product injuries, to name a few.
A wrongful death claim is usually comprised of the following:
- The death was caused by the conduct of the defendant, either in whole or part;
- The victim’s death was caused by the defendant’s recklessness or negligent, or strictly liability;
- There is an eligible surviving candidate who can bring the claim; and
- Monetary damages have resulted from the victim’s death.
Typically, in a wrongful death suit, an attorney seeks to acquire damages for the victim’s family, which may include:
- Expenses immediately associated with the victim’s death, for example, medical & funeral;
- The victim’s loss of anticipated earnings in the future, until retirement or death;
- Monetary benefits (i.e. pension, medical coverage, etc) that may be lost, which are caused by the victim’s death;
- Loss of inheritance caused by the victim’s death;
- Pain and suffering, or mental anguish of the survivor(s);
- Loss of care, protection, or companionship to the survivor(s);
- General and/or punitive damages.
Ultimately, from a legal point of view, it must be proven who was responsible for the death of the victim in a wrongful death claim. As a result, such cases can be the most challenging and contentious due to the level of grief and seriousness of the damages involved. Furthermore, before even engaging in the legal process, it is in a claimant’s best interest to hire an experienced attorney to help determine whether you are able to pursue a successful wrongful death claim, which can save you time and money. An unexpected fatal accident can leave you and your family struggling not only to cope with the loss of the victim, but also to address potentially numerous legal issues.
If you or a loved one is interested in filing a wrongful death suit, or you simply have questions on wrongful death law in the state of Missouri, call (816) 472-4673 to contact our experienced Missouri personal injury attorneys at the law offices of Hubbard & Kurtz today!
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