The loss of a family member can be a traumatic experience that can result in financial and emotional hardship, while medical bills, funeral costs, and emotional hardship can feel overwhelming and may make it difficult to look farther ahead. If you or a loved one has experienced loss due to a wrongful death, you may be entitled to compensation due to the negligence of the party at fault. A wrongful death lawyer at Steelman Gaunt Crowley at (573) 341-8336 may be able to help relieve some of this stress and help you receive compensation to alleviate the costs. You can contact us today to learn more about your legal and financial rights following the passing of your loved one.
What is Considered “Wrongful Death”?
Missouri Revised Statute section 537.080 states that a wrongful death is caused by negligent action on the part of the defendant and results in preventable death. A wrongful death case requires proof of negligence on the part of the defendant and proof that the death would not have occurred were it not for the actions of the defendant. A wrongful death is a direct result of the defendant’s actions and includes these elements:
- Duty of care refers to the defendant’s responsibility to protect the deceased. Failure of duty of care, in this case, refers to the defendant’s failure or wrongful action that caused the death.
- Breach of duty refers to the failure to provide reasonable levels of care to the deceased.
- Causation refers to death as a direct result of the defendant’s actions or failure to act.
- Damages refer to the suffering experienced by the deceased’s family, including both personal and financial loss.
How Do You Prove Wrongful Death?
A wrongful death lawyer can use a number of resources in order to build a case. Some helpful documentation might include medical reports, police reports, photographs, or other types of records such as video footage. Expert and eyewitness testimonies may also help prove entitlement to compensation.
What Are the Different Types of Wrongful Death Claims?
There are a number of incidents that may fall under the category of wrongful death. For example, if the deceased was involved in a vehicular accident involving a car, truck, or motorcycle, it may be considered a wrongful death. If the death was caused by a defective product or dangerous drug, this may also be considered a wrongful death. Another type of wrongful death may be medical malpractice, which refers to the negligence or harmful act of medical personnel that strays from widely accepted practices and results in the death of a patient.
Who Can File a Wrongful Death Claim?
A wrongful death claim can be filed by a number of different people, depending on the state. In Missouri, a wrongful death claim can be filed by anyone in the following classes:
- A spouse, child, grandchild, or parent of the deceased.
- A sibling of the deceased or the descendent of the deceased’s sibling.
- A representative of the estate, if applicable.
- A plaintiff ad litem, which refers to a person appointed to pursue such action on behalf of a plaintiff who cannot.
When Should You File a Wrongful Death Claim?
The statute of limitations on wrongful death cases varies from state to state, but after that period, you may no longer be able to receive compensation for the loss of your loved one. In Missouri, a wrongful death claim can be filed up to three years following the death or discovery of the death. If you wish to seek legal action following the death of a loved one, you can contact a wrongful death lawyer at Steelman Gaunt Crowley to get started on building your case and ensure you get the compensation you deserve.
Compensation for Damages
Following the death of a loved one, you may incur a number of monetary costs, such as those relating to the injury or illness that caused the death and those following the death, as well as personal costs, such as pain and suffering of the deceased prior to death and loved ones’ emotional costs following the death. You may be entitled to compensation for these costs as outlined by Missouri Revised Statute section 537.090.
What Can You Receive Compensation For?
You can receive compensation for a number of monetary costs incurred as a direct result of the death or personal costs following the death. You can receive compensation for medical bills incurred by the incident as well as funeral and burial costs. You may also be entitled to a loss of income or benefits the deceased would have received were it not for the actions of the defendant. You may be compensated for pain and suffering of the deceased prior to death or for the living’s loss of consortium, guidance, or other emotional loss.
Is There a Limit to the Amount You Can Receive??
A damage cap refers to the limit placed on the amount one can receive from a claim. There is no damage cap for economic damages as well as many non-economic damages; however, in medical malpractice cases, there is a cap of $700,000. Punitive damages may also be capped at $500,000 or five times the total of the economic and non-economic damages combined. This punitive damage cap does not apply if the defendant is convinced of a felony in regards to the death.
If you have questions about compensation and damage caps, you may contact one of our wrongful death lawyers to learn more.
How Might Insurance Companies Prevent You From Receiving Money?
Insurance companies often seek to avoid paying out money in cases involving wrongful death. They may present lowball settlements from the start that could prevent you from seeking further compensation for damages. They may also seek to blame the victim for the incident and thereby counter a negligence claim. Insurance companies may also stall or stop responding entirely in order to wait out the statute of limitations and prevent you from pursuing legal action. A wrongful death lawyer at Steelman Gaunt Crowley may be able to help you get the compensation you deserve.
Ensure Your Legal and Financial Rights are Protected by Contacting a Missouri Wrongful Death Lawyer
If you have lost a loved one due to a wrongful death, our compassionate and experienced legal team may be able to help. Contact one of our wrongful death lawyers at Steelman Gaunt Crowley at (573) 341-8336, to answer your questions and help you chart a way forward after your devastating loss.
