Wrongful death arises when a person dies suddenly due to another person’s negligence or recklessness. Customarily by law, only surviving family members of the deceased are given standing to file a wrongful death suit. Typically, in order to file a wrongful death claim, the elements that must first be established include, the death of a person, proof that the death was caused by another person’s negligence, family member(s) suffering as a result of the death, and the appointment of a personal representative for the deceased.
In a wrongful death lawsuit, the primary measure of damages is determined by the pecuniary or financial injury imposed on the decedent’s family. Therefore, survivors of wrongful death victims are eligible to file a claim for damages, which may include, but not limited to, expenses for medical, hospital, funeral and burial needs, as well as compensation for pain and suffering. Other losses suffered by the decedent’s family may also be recoverable, such as, loss of financial support, service, and companionship, the prospect of inheritance, and parental guidance and upbringing.
The preeminent issue focused upon in wrongful death litigation is how the decedent’s survivors will be compensated for their losses. In order to ascertain financial losses of the surviving family members, considerations such as age, condition of the deceased, character, earning capacity, health and intelligence, life expectancy, as well as the circumstances of family members are commonly examined.
If the deceased was the breadwinner of the family or a steady wage earner, his or her loss of income and parental guidance will be the major elements considered by the jury for monetary recovery. Additionally, the jury may also take into account the decedent’s income at the time of death, or if he/she is unemployed, the last known earnings, along with potential future earnings.
The amount of damages awarded in a wrongful death lawsuit is usually determined by the weight of evidence presented at trial. At times, a jury may adjust the size of the award based on the circumstances governed by evidence. For example, the award may be reduced if the decedent had poor earnings or had extravagant spending habits, even though he/she may have supported a large family or had great potential to advance in his/her career. Likewise, a jobless decedent may be awarded lost earnings if his/her average earnings, while still employed, can be presented to the jury as evidence. In addition to this, survivors of the deceased may also produce expert witnesses at trial to formulate and substantiate the value of the decedent to his family. Lastly, in calculating the final amount of the award, punitive damages may also be assessed and included in cases where serious or malicious wrongdoing caused the death of the victim, to prevent or deter others from engaging in similar acts.
By law there is a statute of limitations in place that provides a time limit within which a claim for wrongful death must be filed. However, there are certain limited circumstances where a claim can be filed after the expiration of the statute. This primarily occurs when the actual cause of death is unknown until after the statue of limitations has expired.
In all cases of wrongful death, no matter what the cause may be, it is imperative to be diligent in the preparation of a wrongful death suit. To prove the liability on the part of the defendant, it is absolutely necessary for the plaintiff to preserve all evidence that may support the claim, to examine the circumstances encompassing the wrongful death and the details of the incident itself, and to ensure the lawsuit is filed timely, within the time period set forth by the statute of limitations.
If you are seeking to pursue a wrongful death claim in Missouri, contact the Missouri wrongful death attorneys of Hubbard & Kurtz, LLP today at (816) 472-HOPE (4673), for more information on how to move forward with the legal process. Our law firm has extensive experience and knowledge with wrongful death lawsuits, and can handle your case with the skill, care and diligence required for a successful outcome!
