Losing a loved one is a devastating experience, made even more painful when their death is caused by someone else’s negligence or wrongdoing. In Missouri, families of the deceased have the right to seek justice and compensation through a wrongful death claim. This guide aims to help grieving families understand the basics of wrongful death claims in Missouri. For personalized legal assistance, contact HUBBARD & KURTZ, L.L.P. at (816) 472-4673 or toll-free at (877) 535-1163.
What is a Wrongful Death Claim?
A wrongful death claim is a legal action brought by the survivors of a deceased person against the party responsible for the death. The purpose of such a claim is to provide compensation to the survivors for their loss and hold the responsible party accountable.
Who Can File a Wrongful Death Claim in Missouri?
Missouri law specifies who is eligible to file a wrongful death claim. The hierarchy is as follows:
- Spouse, Children, and Parents: The first priority is given to the spouse, children (biological and adopted), and the parents of the deceased.
- Siblings: If there are no surviving spouse, children, or parents, the siblings of the deceased can file the claim.
- Personal Representative: If none of the above relatives are available, the court may appoint a personal representative to file the claim on behalf of the deceased’s estate.
What Can Be Recovered in a Wrongful Death Claim?
A wrongful death claim can provide various forms of compensation, including:
- Medical Expenses: Costs incurred for the medical treatment of the deceased prior to their death.
- Funeral and Burial Expenses: Costs associated with the funeral and burial services.
- Loss of Income and Benefits: Compensation for the loss of the deceased’s income and benefits that would have supported the family.
- Pain and Suffering: Compensation for the emotional and mental anguish suffered by the survivors.
- Loss of Companionship: Compensation for the loss of love, companionship, and support that the deceased provided.
Proving a Wrongful Death Claim
To succeed in a wrongful death claim, the plaintiff must prove the following elements:
- Duty of Care: The defendant owed a duty of care to the deceased.
- Breach of Duty: The defendant breached that duty through negligence or intentional wrongdoing.
- Causation: The breach of duty directly caused the death of the deceased.
- Damages: The survivors suffered measurable damages as a result of the death.
Statute of Limitations
In Missouri, wrongful death claims must be filed within three years of the date of death. It is crucial to act promptly to ensure that your claim is filed within this time frame. Failing to file within the statute of limitations can result in losing the right to pursue compensation.
The Importance of Legal Representation
Navigating a wrongful death claim can be complex and emotionally taxing. Having experienced legal representation is essential to ensure that your rights are protected and that you receive the compensation you deserve. The attorneys at HUBBARD & KURTZ, L.L.P. have extensive experience in handling wrongful death claims and are committed to providing compassionate and effective legal support.
Call Hubbard & Kurtz, L.L.P. Today!
If you have lost a loved one due to someone else’s negligence or wrongdoing, you do not have to face this difficult time alone. Understanding your rights and the legal process can help you seek justice for your loved one. For compassionate and skilled legal assistance, contact Hubbard & Kurtz, L.L.P. at (816) 472-4673 or toll-free at (877) 535-1163. Our dedicated team is here to help you navigate this challenging journey and ensure that your loved one’s memory is honored through justice.
HUBBARD & KURTZ, L.L.P.
1718 WALNUT, KANSAS CITY, MISSOURI 64108
TEL: (816) 472-HOPE (4673)
FAX: (816) 472-5464
TOLL FREE: (877) 535-1163