Losing a loved one is one of life’s most traumatic experiences, especially when their death results from someone else’s negligence or misconduct. In Missouri, the legal system provides a mechanism for survivors to seek justice and financial compensation through wrongful death claims. HUBBARD & KURTZ, L.L.P., located in Kansas City, is dedicated to offering compassionate and skilled legal representation to help you navigate this challenging process.
Your Path to Justice with HUBBARD & KURTZ, L.L.P.
What Constitutes a Wrongful Death in Missouri?
A wrongful death claim arises when a person dies due to the legal fault of another person or entity. This can include fatalities caused by:
- Automobile accidents due to reckless or drunk driving
- Medical malpractice resulting from negligence or errors by healthcare professionals
- Workplace accidents due to unsafe conditions or inadequate safety measures
- Defective products that cause fatal injuries
Who Can File a Wrongful Death Claim?
Missouri law specifies who is eligible to file a wrongful death claim. This hierarchy includes:
- Spouse, children, or grandchildren of the deceased
- Parents of the deceased
- Siblings of the deceased (if no other eligible survivors exist)
If none of these relatives are available, a personal representative of the deceased’s estate may file the claim.
Elements of a Wrongful Death Claim
To succeed in a wrongful death claim in Missouri, certain elements must be proven:
- Duty of Care: The defendant owed a duty of care to the deceased.
- Breach of Duty: The defendant breached that duty through negligent or intentional actions.
- Causation: The breach of duty directly caused the death.
- Damages: The death resulted in quantifiable damages to the survivors.
Types of Damages Recoverable
Missouri allows survivors to recover various damages, including:
- Economic Damages: These cover financial losses such as medical expenses, funeral costs, and lost wages.
- Non-Economic Damages: These compensate for non-monetary losses like pain and suffering, loss of companionship, and emotional distress.
- Punitive Damages: In cases of egregious misconduct, punitive damages may be awarded to punish the defendant and deter future wrongdoing.
The Legal Process
Navigating a wrongful death claim involves several critical steps:
- Consultation: Contacting an experienced wrongful death attorney at HUBBARD & KURTZ, L.L.P. to discuss your case.
- Investigation: Gathering evidence, including medical records, accident reports, and witness testimonies.
- Filing the Claim: Submitting the wrongful death claim within the statute of limitations, which is generally three years from the date of death in Missouri.
- Negotiation and Settlement: Attempting to reach a fair settlement with the defendant’s insurance company.
- Trial: If a settlement cannot be reached, presenting your case in court.
Why Choose HUBBARD & KURTZ, L.L.P.?
At HUBBARD & KURTZ, L.L.P., we understand the emotional and financial toll a wrongful death can take on a family. Our compassionate attorneys are committed to providing personalized and dedicated legal representation. We will fight tirelessly to ensure that you receive the justice and compensation you deserve.
Filing a wrongful death claim in Missouri is a complex and emotional process, but understanding the legal steps involved can help you navigate this difficult journey. At HUBBARD & KURTZ, L.L.P., we are committed to providing compassionate and skilled legal representation to help you seek justice for your loved one. If you have lost a loved one due to someone else’s negligence in Missouri, contact HUBBARD & KURTZ, L.L.P. at (816) 472-4673 or toll-free at (877) 535-1163. Let us help you through this difficult time and ensure your loved one’s memory is honored through justice.