Recovered Over $300 Million for Our 7,000+ Clients
Losing someone you care about is always tragic, but it’s especially painful when their death is the result of someone else’s carelessness or wrongful actions. If you’re facing this type of heartbreaking loss, we wish to offer our deepest sympathy. We also want you to know that you have legal options to seek compensation and ease the financial strain their passing may have caused.
The caring team at Holland Injury Law is here to guide Florissant families through the wrongful death claims process. If you’d like to learn more, we invite you to call our office or contact us online for a free consultation. Take the first step toward healing today.
Wrongful death is a term used when someone dies due to another person’s negligence. Some examples include:
A qualified wrongful death attorney serving Florissant can help you determine whether the details surrounding your loved one’s death entitle you to file a wrongful death claim.
A wrongful death claim is a legal action that can be filed when someone’s death is caused by another person’s negligence or intentional actions. Under Missouri Revised Statutes § 537.080, the law allows family members to seek compensation for the loss of their loved one.
The deceased person’s spouse, children, or parents have the first right to file. Siblings or their descendants may be eligible if none of these family members are available. In cases where no immediate family members can file, the court may appoint someone, called a “plaintiff ad litem,” to bring the case on behalf of those entitled to compensation. Missouri law limits wrongful death cases to one lawsuit per deceased person.
If you live in Florissant and believe your loved one’s death was caused by negligence, you may be eligible to recover compensation.
Under Missouri Revised Statutes §537.090, individuals in Florissant filing a wrongful death claim can recover compensation for:
While most wrongful death compensation in Missouri doesn’t have a cap, cases that involve medical malpractice may have limits for non-economic compensation (pain and suffering, for example).
It’s also important to understand that Missouri follows a pure comparative negligence system. This means that compensation is based on how much each party is responsible for a death. If the deceased person was partially at fault for an accident, the amount their family can recover is reduced by that percentage. For example, if someone is killed in a car crash, and it’s determined that they were 10 percent responsible for the accident, their family would be eligible for 90 percent of the total compensable losses.
In most wrongful death cases, the responsible party’s insurance company pays the compensation. For example, in a car accident, the at-fault driver’s auto insurance would cover the claim. In a case involving medical malpractice, the healthcare provider’s medical malpractice insurance would cover compensation.
According to § 537.100, a wrongful death claim in Missouri generally must be filed within three years from the date of the person’s death. If the claim is not filed within that time, the family may lose their right to pursue compensation.
Wrongful death cases can be emotionally draining and legally challenging. Insurance companies often take advantage of Missouri’s comparative fault system, attempting to shift blame onto the deceased to reduce the payout. They may argue that the deceased was partially responsible for the incident or try to downplay the financial and emotional losses the family has experienced.
In Missouri, families pursuing a wrongful death claim also face the burden of proof. This means they must demonstrate that the responsible party’s negligence or wrongdoing directly caused their loved one’s death. Gathering this evidence can take a lot of time and involves complex legal details. This can be an overwhelming task for families without formal legal experience, especially when they’re emotionally raw.
Florissant wrongful death lawyers can provide invaluable support during this difficult time by handling the legal difficulties and gathering crucial evidence, such as the coroner’s report, medical records, and police reports. They may also work with expert witnesses to strengthen your case. Your attorney can also make a compelling claim to prove negligence and demonstrate the full extent of your losses.
Additionally, your lawyer can negotiate with insurance companies that may try to minimize your compensation. If a fair settlement can’t be reached, they can represent you in court.
At Holland Injury Law, we’re proud to serve families in Florissant and the surrounding communities. We understand the difficulties you’re facing, and we’re committed to standing by your side throughout the legal process. When you work with us, you become part of our family, and we take that responsibility to heart.
With a deep dedication to justice and comprehensive knowledge of Missouri law, we’ve helped recover over $300 Million for our 7,000+ injury clients. We know these aren’t just cases. These are real families who have faced unimaginable pain and difficulty.
Holland Injury Law believes everyone deserves access to quality legal representation. That’s why we offer our legal services on a contingency fee basis. This means you won’t pay anything unless we successfully resolve your case. There are no upfront costs, and your initial consultation is completely free. If you’ve lost a loved one due to someone else’s negligence, we’re here to listen and help.
Call our office or contact us online to learn how we can support your family today.
Coping with the loss of a loved one is one of the hardest things a person can go through, and it’s essential to have support during your healing journey. We’ve compiled a brief list of local resources that may provide comfort, but please don’t hesitate if you need further assistance. Our law office is here to help in any way we can.
Please don’t wait to get the legal guidance you need. There are no upfront costs to getting started, and you won’t pay unless we recover compensation. Contact Holland Injury Law, LLC today to speak with an experienced Florissant wrongful death accident lawyer.
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