Wrongful Death Lawsuits in Missouri: The Basics

Unfortunately, accidents and negligent actions causing serious injuries or death can take place in a variety of ways.  Oftentimes, these situations can be incredibly traumatic and unexpected, especially when it involves the loss of a loved one due to the negligence of another person or entity. Under such circumstances, survivors of the deceased may be able to file a wrongful death lawsuit in order to compensate for their loss. The following is a basic overview of wrongful death actions:

What is a “wrongful death”? Generally speaking, wrongful death occurs when someone other than the deceased causes the loss of life as a result of negligence or due to preventable action, either intentional or unintentional.  Essentially, a wrongful death claim is a certain type of personal injury lawsuit. The range of accidents or actions that can lead to a wrongful death suit is broad, but the commonality of all such claims is the loss of life caused by another person or entity’s actions or lack thereof.  Wrongful death claims typically include:

  • Motor vehicle accident. The deceased could have been a driver or passenger in a vehicle, motorcyclist, pedestrian, or even a bicyclist that was hit by an automobile.
  • Workplace accident. This includes any incident that occurred on employment premises, or resulted from a workplace environment.
  • Product liability. This occurs when injury or illness is caused by a defect in a product.
  • Toxic tort. This cause of action is brought when exposure to a dangerous or toxic substance results in fatal injury.
  • Premises liability. Generally, this takes place when either a residential or commercial site is the cause of or leads to an injury.
  • Medical malpractice. This occurs when a healthcare provider or entity causes an error or a negligent act takes place resulting in injury.
  • Elder abuse. Such a claim is usually the result of negligence and injury inflicted upon an elder by a medical provider or caregiver.

Financial Compensation. There are three types of damages that are recoverable in wrongful death lawsuits—economic, non-economic, and punitive. Economic damages encompass the financial impact death has on a survivor, and typically includes medical expenses, loss of wages or benefits, as well as funeral costs for the deceased. Non-economic damages provide compensation for a survivor’s pain and suffering, and general loss of companionship, love, and care.  Lastly, punitive damages are essentially designed to punish a responsible party, and may not always be awarded. Typically, such damages are determined case by case.

Legal Advice and Representation. One very important aspect of the process to consider is time. It is commonly an issue that many families face when pursuing a wrongful death claim. If a lawsuit is not brought within the legal time frame, a family may lose the window of opportunity to file. Each State has its own statute of limitations for wrongful death claims, granting a specific time period for families to pursue damages against the party(s) that caused the death. If a claim is not brought in time, the statute will automatically bar the lawsuit from proceeding. In addition to meeting the statutory time requirement, there are other legal issues that may be relevant to a particular case. For these reasons, it is advisable that families dealing with a potential wrongful death claim speak to an experienced legal professional that will be able to inform and guide them through the process. Each case requires a careful assessment and review of the circumstances to determine the compensation that may be available.

If you or a loved one is interested in filing a wrongful death suit, or you simply have questions regarding wrongful death law in the state of Missouri, call (816) 472-HOPE (4673) to contact our experienced Missouri wrongful death attorneys at the law offices of Hubbard & Kurtz today!

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