The sudden loss of a loved one is among the most painful experiences a family can undergo. However, when the loved one’s death is due to the negligent, reckless, or intentional acts of another party, the sense of pain and injustice can feel even more profound. Furthermore, the loss can cause a sudden and significant financial burden for family members.
In such situations, Missouri law permits certain individuals to hold the at-fault party accountable for their actions. A successful wrongful death claim or lawsuit can allow surviving family members to recover compensation for losses such as funeral costs, medical expenses, and pain and suffering. Working with an experienced Missouri wrongful death lawyer can increase your case’s chances of success.
Eligible Family Members for Wrongful Death Lawsuit
Under Missouri’s wrongful death statute, the following parties are permitted to file a wrongful death lawsuit after the loss of a loved one:
- Surviving spouse
- Surviving children (including adopted children)
- Surviving grandchildren (if there are no surviving children)
- Surviving parents (if there are no surviving spouse, children, or grandchildren)
- Surviving siblings or their descendants (if there are no surviving spouse, children, grandchildren, or parents)
What If the Decedent Had No Surviving Family Members?
If the decedent had no surviving family members who are eligible to file, the lawsuit must be filed by whomever has been appointed as the personal representative of the deceased person’s estate. This person is typically named in the decedent’s will.
If there is no personal representative, the law allows a plaintiff ad litem to be appointed by the court to bring the wrongful death action. A plaintiff ad litem acts as a representative on behalf of the decedent’s estate.
Compensation Available in Missouri Wrongful Death Suits
When a wrongful death claim is successful in Missouri, surviving family members may be awarded damages to compensate for their losses, including:
- Funeral and burial expenses
- Medical bills incurred prior to the decedent’s death
- Value of lost income the deceased would have earned
- Loss of companionship, guidance, consortium, services, comfort, and counsel from the deceased
- Pain and suffering the deceased experienced before their death
The compensation awarded in this kind of claim or lawsuit is meant to make the survivors “whole” to the degree possible after such a tragic loss. An experienced attorney can calculate the total value of your case and fight for the maximum compensation you deserve.
Contact Holland Injury Law, LLC Today
If you have lost a loved one due to another party’s actions, we at Holland Injury Law, LLC would like to offer our deepest condolences. Our attorneys are passionate about helping surviving family members recover the compensation they deserve, and we are ready to stand up for your rights.
Missouri law requires surviving family members to take legal action within three years for their lawsuits to be valid, so time is of the essence. Call us today at (314) 888-7888 or contact us online for a free consultation to learn more.