If an individual dies due to another party’s intentional or negligent acts, the deceased person’s family may choose to bring a lawsuit against that party to recover damages, known as a wrongful death claim. These lawsuits are civil claims, and even if criminal proceedings against the accused are unsuccessful, it could still be possible to win this type of lawsuit due to these cases having a lower standard of proof. That said, wrongful death claims are highly complex, so it may interest potential plaintiffs to learn the answer to “How do you prove wrongful death?”; understand the evidence required to prove these claims, and find out how a Missouri personal injury attorney can help by calling Steelman Gaunt Crowley at (573) 341-8336.
What Is a Wrongful Death?
Wrongful death refers to a type of legal claim filed by a deceased person’s surviving family members, or the personal representative of the deceased’s estate, who are attempting to hold another party to account for an intentional or negligent act they committed that resulted in the deceased individual’s death. Winning these claims involves a plaintiff successfully demonstrating to the court that the other party intentionally committed a wrongful act or behaved negligently, that this action (or lack of action) directly caused the person’s death, and that this death resulted in damages. A wrongful death suit is similar to a personal injury claim, but there are some differences; in the former, the plaintiff is seeking compensation for the losses experienced as a result of the loved one’s death, such as emotional distress, lost financial support, and funeral expenses, whereas, in the latter, the injured party is trying to obtain compensation to cover their own damages, such as pain and suffering and medical expenses.
Importantly, while the details of these claims may involve criminal elements, wrongful death claims are civil cases. Criminal cases have a higher standard of proof compared to civil claims, requiring prosecutors to prove that the accused committed the act beyond a reasonable doubt (compared to civil claims where plaintiffs must demonstrate that the other party was more likely to be liable than not). This is why it is possible for a wrongful death claim to succeed while the same criminal case fails to produce results.
Can You Sue for Wrongful Death?
According to §537.080, Chapter 537 of the Missouri Revisor of Statutes, only particular individuals can file wrongful death claims. These are the deceased’s children, parents, or surviving spouse. If there are no individuals in these categories, then the deceased’s siblings can file a lawsuit, and if they have no siblings, then the deceased’s personal representative may submit a claim.
In cases involving deceased minors, the minor’s guardian or parent can initiate legal proceedings. Per §537.100, Chapter 537 of the Missouri Revisor of Statutes, in Missouri, plaintiffs have three years from the date of the deceased person’s death to file a wrongful death claim. Gain a more comprehensive answer to “How do you prove wrongful death?”, and discover how a seasoned Missouri personal injury lawyer might assist individuals looking to file this type of legal claim; contact Steelman Gaunt Crowley today to arrange a free consultation with one of our attorneys.
What Is the Most You Can Sue for Wrongful Death?
In Missouri, wrongful death plaintiffs can seek three types of compensation, including economic damages (the monetary losses experienced from the wrongful death such as funeral expenses, lost income, and medical bills incurred leading up to the person’s death), non-economic damages (intangible losses incurred, like emotional distress, pain and suffering, and lost companionship), and punitive damages, intending to punish liable parties for their behavior. For economic damages, there are no fixed limits, provided plaintiffs can prove these losses, whereas for non-economic damages, there is a cap of $700,000, applying only to claims related to medical malpractice. Concerning punitive damages, Missouri imposes a limit of $500,000 or the total non-economic and economic losses multiplied by five, unless the liable party committed a felony resulting in the person’s death, in which case there is no limit.
How Do You Prove Wrongful Death in Missouri?
To win a wrongful death case in Missouri, it is necessary to demonstrate four key points, often achieved by collating medical records, financial documentation, video footage, and photos, reviewing autopsy and accident reports, and obtaining witness testimonies. These elements are as follows.
Duty of Care
First, plaintiffs must demonstrate that the liable party owed the deceased a duty of care, meaning they should have acted toward them in a responsible and reasonable way. For instance, motorists owe pedestrians, passengers, and other drivers a duty of care when driving a motor vehicle. In this scenario, this involves avoiding reckless or dangerous driving acts, such as driving while intoxicated or texting, and adhering to traffic laws.
Breach of Duty
After establishing that the liable party owed a duty of care to the deceased person, the plaintiff needs to prove that the liable party breached this duty by acting negligently, defined as failing to behave in a way that a reasonable person would have behaved in similar circumstances. Say, for instance, that a motorist knowingly operated an unsafe vehicle and violated traffic laws; in this scenario, it could be possible to prove the motorist breached the duty of care owed to other road users.
Violation Caused the Death
The next element involves showing that the liable party’s breach of the duty of care owed to the deceased directly caused that person’s death, typically the most challenging component to prove. If a motorist crashes into the deceased’s vehicle, resulting in the deceased’s death, due to running a red light, they could be liable. By contrast, if the same scenario took place but the deceased person died due to some other factor, the motorist running the red light may not be liable for the deceased’s death.
Damages Incurred
Finally, plaintiffs have to prove they suffered losses due to the deceased person’s death. This could involve showing incurred funeral expenses and the deceased person’s medical bills prior to their death directly related to the incident, as well as demonstrating that the plaintiffs have experienced mental anguish and ongoing pain and suffering through the loss of emotional support, affection, and companionship. Plaintiffs can also demonstrate liability by proving they relied on the deceased’s financial support or income to cover their living expenses.
Schedule a Consultation With a Missouri Personal Injury Lawyer To Learn More About Wrongful Death
Establishing liability in a wrongful death claim involves demonstrating that the accused owed a duty of care, that they breached that duty, that their actions or lack of action caused the individual’s death, and that this resulted in damages. To prove each element, plaintiffs require compelling evidence, including witness testimonies, detailed documentation, and specialist analyses, as well as strong legal arguments, which is where an attorney can help. Discover a more detailed answer to “How do you prove wrongful death?”, and learn how Steelman Gaunt Crowley can aid those considering filing a wrongful death claim; call our firm today at (573) 341-8336 to discuss the case with a knowledgeable Missouri personal injury attorney.
