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When Can You File a Wrongful Death Lawsuit?

Losing a loved one in Missouri can be a difficult time for you and your entire family. If your loved one’s death could have been prevented, their passing may feel like much more than a tragic accident. Filing a lawsuit won’t bring your loved one back, but it might bring the person who caused their death to justice.

When can you file a wrongful death lawsuit?

You might be able to file a wrongful death lawsuit if you can prove beyond a reasonable doubt that your loved one was killed because of another person’s negligence. The other party might try to argue that your loved one died from other causes or was killed because they made a mistake. It’s your and your personal injury attorney’s job to prove that the other party is responsible for the death.

Additionally, you’ll have to prove that your family has suffered numerous damages as a result of your loved one’s death. You might bring up financial damages from medical and funeral bills, physical damages from pain and suffering that your loved one experienced before they died, and emotional damages from your family’s grief and trauma. This may prove to the judge that your family will never be the same after your loved one’s premature passing.

How may an attorney help you prepare a case?

Depending on the situation, wrongful death lawsuits can have massive payouts. The other party might hire a strong legal defense in the hopes that they won’t have to pay out a large settlement. You’ll want to hire an attorney to evaluate the damages and help you prove to the judge that you and your loved one have suffered as a result of the other party’s actions. An attorney may be able to prove that the death was directly caused by the other party.