The pain of losing a loved one is incomprehensible, and when it occurs because of someone else’s negligence or wrongdoing, the grief is intensified by feelings of anger and injustice. We sincerely extend our condolences to you during this deeply challenging time. While no compensation can truly make amends for your loss, Missouri’s legal system offers a means for families to seek justice and potentially ease some of the financial burdens that can follow such a tragedy.
What is Wrongful Death?
In Missouri, a wrongful death occurs when a person dies due to the negligent, careless, unskillful, or deliberate act of another. These situations can arise from various circumstances, including:
– Car accidents caused by reckless drivers
– Medical malpractice
– Workplace accidents due to inadequate safety measures
– Defective products leading to fatal injuries
Why Pursue a Wrongful Death Claim?
In the midst of grief, legal action may seem overwhelming and perhaps even unnecessary. However, there are compelling reasons to consider it:
– Financial Security: Medical bills, funeral expenses, and loss of income can put a strain on families. Compensation can provide financial relief during a destabilizing time.
– Seeking Accountability: A claim ensures that the responsible party is held accountable for their actions, which can prevent similar incidents in the future.
– Closure: While it won’t bring back your loved one, seeking justice can provide a sense of closure for some families.
Who Can File a Wrongful Death Claim in Missouri?
Missouri law outlines a specific order for eligible family members:
1. Spouse, children, or the deceased’s surviving lineal descendants.
2. Parents of the deceased, especially if the deceased was a minor.
3. Siblings or their descendants.
4. A court-appointed plaintiff ad litem if none of the above can or choose to file.
The Process and Timeline
Missouri has a statute of limitations for wrongful death claims, typically allowing families up to three years from the date of the death to file a lawsuit. While this may seem like ample time, it’s crucial to begin the process as soon as you’re able, ensuring crucial evidence is preserved and witnesses’ memories are fresh.
The process includes:
– Investigation of the death to gather evidence and establish liability
– Filing the claim detailing how the defendant’s actions (or inaction) caused your loved one’s death
– Negotiation with the defendant’s insurance or legal representatives
– If a settlement isn’t reached, proceeding to trial
How to Choose the Right Lawyer
Empathy, experience, and expertise are essential. Look for an attorney who:
– Understands the profound pain of your loss and handles your case with sensitivity.
– Has proven experience in wrongful death cases in Missouri.
– Offers clear communication and is accessible to answer your questions.
Moving Forward
Grief is a journey, and every person’s experience is unique. As you consider legal action, know that pursuing a wrongful death claim is not about monetizing your loss, but seeking justice, holding the responsible party accountable, and potentially finding a pathway to healing and closure.
At our firm, we’re here to support, guide, and stand by you during this challenging time. Reach out to us for compassionate legal counsel tailored to your specific situation.