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Wrongful death law in Missouri provides a legal route for families and certain individuals to seek compensation when a person’s death is caused by the negligence, recklessness, or intentional actions of another party. This area of law is designed to hold responsible parties accountable and to help surviving family members recover financial losses, emotional suffering, and other damages that result from the untimely death of their loved one. Wrongful death lawsuits commonly arise from situations such as car accidents, medical malpractice, workplace incidents, or defective products.
Seeking legal counsel in wrongful death cases is often essential for several reasons. Pursuing a wrongful death claim requires establishing liability, calculating damages, and navigating complex legal procedures. Common situations where a lawyer's help becomes necessary include:
A lawyer can help you understand your rights, build a strong case, represent you in negotiations and court, and ensure all deadlines are met.
Missouri's wrongful death laws are governed by state statutes that outline who may bring a claim, the time limits for filing, and the types of damages recoverable. Here are the key aspects:
A wrongful death under Missouri law occurs when a person dies as a direct result of someone else’s negligent, reckless, or deliberate action, which would have entitled the deceased to file a personal injury lawsuit had they survived.
Immediate family members such as spouses, children, or parents of the deceased typically have the first right to file. If none are available or willing, siblings or a court-appointed personal representative may pursue the case.
The statute of limitations is generally three years from the date of the person’s death. Filing after this period will likely result in the claim being dismissed.
Damages may include funeral and burial expenses, medical costs related to the last illness or injury, loss of income and benefits, pain and suffering of survivors, loss of companionship, and sometimes punitive damages in extreme cases.
Missouri only places caps on non-economic damages in wrongful death cases related to medical malpractice. For most other types of wrongful death claims, there is no cap.
Yes, claimants must show that the defendant’s wrongful act or negligence directly caused the death. This typically requires gathering evidence, witness statements, and possibly expert testimony.
If more than one eligible party is involved, the court may decide how to distribute the damages. Often, the award is divided among surviving family members according to their relationship and dependence on the deceased.
Yes, many wrongful death cases are settled out of court through negotiations between the parties or through alternative dispute resolution methods such as mediation.
Missouri follows a pure comparative fault rule, meaning the compensation may be reduced by the percentage of fault attributed to the deceased but does not bar recovery entirely.
Most wrongful death attorneys in Missouri work on a contingency fee basis. This means they only get paid if they recover compensation for you, typically collecting a percentage of the settlement or judgment.
If you are seeking further information or assistance with wrongful death matters in Missouri, consider these helpful resources:
If you believe you may have a wrongful death claim in Missouri, consider taking the following actions:
Acting promptly and seeking professional legal guidance can greatly improve your chances of a successful claim and ensure you receive the compensation you deserve during this difficult time.
