Losing a loved one in a construction accident can leave families devastated, both emotionally and financially. Construction sites often present hazardous conditions, and when safety protocols are not followed, tragic accidents can occur. When negligence leads to a fatal construction accident, Missouri law allows surviving family members to pursue a wrongful death lawsuit to seek justice and compensation for their loss.
However, not everyone affected by the loss has the legal right to file a wrongful death claim. Missouri has specific laws determining who can file and how the process must be handled. Understanding these legal requirements can help ensure your family takes the appropriate steps toward accountability and closure.
Missouri’s Wrongful Death Statute: Who Can Legally File?
Missouri law, outlined under Missouri Revised Statutes § 537.080, clearly defines who may file a wrongful death lawsuit following a construction accident. The law prioritizes family members in a specific order, referred to as “classes” of eligible claimants.
Class 1: Immediate Family Members
The highest priority for filing a wrongful death lawsuit in Missouri belongs to the immediate family of the deceased. These individuals have the first right to bring a claim:
- Spouse: The legal spouse of the deceased has the right to file a wrongful death lawsuit.
- Children: This includes biological, adopted, and legally recognized children of the deceased.
- Parents: If the deceased was unmarried and had no children, the parents of the deceased may pursue a wrongful death claim.
If multiple members from Class 1 exist (e.g., multiple children), they may either file a joint claim or authorize a single family member to represent the claim.
Class 2: Siblings and Their Descendants
If no spouse, children, or parents exist, Missouri law allows the siblings of the deceased to file a wrongful death claim. This category includes:
- Siblings: Biological or legally adopted brothers and sisters of the deceased.
- Descendants of Siblings: If a sibling has passed away, their children (nieces and nephews of the deceased) may file the claim.
Class 2 claimants only have the legal authority to file a wrongful death lawsuit if there are no surviving members from Class 1.
Class 3: Plaintiff Ad Litem
If there are no surviving family members in Class 1 or Class 2, Missouri law permits the appointment of a plaintiff ad litem to file the wrongful death lawsuit.
A plaintiff ad litem is a court-appointed representative, often chosen by close friends, distant relatives, or individuals connected to the deceased’s estate. The court must approve the individual, and they are tasked with pursuing the claim on behalf of the deceased’s estate and any surviving heirs.
Types of Compensation Available in a Construction Accident Wrongful Death Claim
When filing a wrongful death lawsuit after a construction accident, eligible family members can seek compensation for both economic and non-economic losses, including:
- Funeral and Burial Costs: Reimbursement for the costs associated with laying the deceased to rest.
- Medical Bills: If the deceased received medical care before their passing due to the accident, those expenses can be recovered.
- Loss of Income and Financial Support: Compensation for lost wages, benefits, and future financial contributions the deceased would have provided.
- Pain and Suffering: Emotional trauma suffered by surviving family members due to the loss.
- Loss of Companionship: Compensation for the emotional loss of guidance, love, and companionship.
- Loss of Services: The value of the household and caregiving contributions provided by the deceased.
- Punitive Damages: In rare cases where the defendant’s conduct was especially reckless, punitive damages may be awarded to punish the responsible party.
Common Causes of Construction Accident Wrongful Death Cases in Missouri
Construction sites are inherently dangerous, but negligence often plays a role in fatal accidents. Some of the most common causes of construction accident fatalities include:
- Falls from Heights: Inadequate fall protection or failure to secure scaffolding can lead to deadly falls.
- Electrocution: Unsafe handling of electrical wiring or exposed power lines can result in fatal electrocutions.
- Struck by Equipment or Falling Objects: Being hit by heavy machinery, tools, or falling materials can cause fatal injuries.
- Caught In/Between Hazards: Workers can become trapped or crushed between machinery, walls, or other objects.
- Defective Equipment: Faulty tools, machinery, or safety equipment can contribute to fatal accidents.
Establishing negligence is a critical part of any wrongful death lawsuit. Whether it involves a contractor failing to enforce safety regulations or a manufacturer providing defective equipment, proving fault is essential for a successful claim.
Proving Liability in a Missouri Construction Accident Wrongful Death Case
To succeed in a construction accident wrongful death lawsuit in Missouri, the claimant must establish the following elements of negligence:
- Duty of Care: The responsible party (e.g., employer, contractor, equipment manufacturer) owed the deceased a legal duty to ensure a safe working environment.
- Breach of Duty: The responsible party failed to uphold their duty by acting negligently or failing to follow safety protocols.
- Causation: The breach of duty directly caused the fatal accident.
- Damages: The death resulted in measurable damages, including financial losses and emotional suffering.
An experienced wrongful death attorney can help gather critical evidence, such as safety reports, witness statements, and expert testimony, to prove these elements and strengthen your case.
Statute of Limitations for Wrongful Death Claims in Missouri
Missouri imposes a three-year statute of limitations for wrongful death lawsuits. This means the surviving family members must file a claim within three years from the date of the deceased’s death.
Failing to meet this deadline could result in losing the right to seek compensation. Promptly consulting with a wrongful death attorney ensures you meet all necessary deadlines while preserving essential evidence.
Why Legal Representation Matters in Wrongful Death Claims
Filing a wrongful death lawsuit can be emotionally challenging, especially when dealing with the trauma of losing a loved one. Working with an experienced Missouri wrongful death attorney offers several key advantages:
- Knowledge of State Laws: Understanding Missouri’s wrongful death statutes and legal procedures is crucial for a successful claim.
- Handling Evidence Collection: Your attorney will gather essential evidence, including safety records, accident reports, and expert testimonies.
- Calculating Damages: An attorney will ensure all economic and non-economic losses are accounted for in your claim.
- Court Representation: If a fair settlement cannot be reached, your lawyer will represent you in court to pursue maximum compensation.
The attorneys at HUBBARD & KURTZ, L.L.P. are dedicated to providing compassionate support and vigorous representation for families dealing with wrongful death cases. Our firm is equipped with the knowledge and experience to handle the complexities of these claims, ensuring you receive the justice and compensation you deserve.
Choosing HUBBARD & KURTZ, L.L.P. for Your Wrongful Death Claim
The attorneys at HUBBARD & KURTZ, L.L.P. are dedicated to providing compassionate support and vigorous representation for families dealing with wrongful death cases. Our firm is equipped with the knowledge and experience to handle the complexities of these claims, ensuring you receive the justice and compensation you deserve.
If you are facing the tragedy of losing a loved one due to someone else’s negligence in Kansas, reach out to HUBBARD & KURTZ, L.L.P. at (816) 472-4673 or toll-free at (877) 535-1163. We are here to support you every step of the way, providing the legal expertise needed to honor your loved one’s legacy and secure your family’s future.