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A wrongful death occurs when someone’s negligent actions or omissions result in the death of another person. An action is negligent if it’s contrary to what a reasonable person in a similar situation would have done. For example, driving while distracted is negligent because a reasonable person understands it can lead to car accidents.
If your loved one passed away due to someone’s negligent actions in Hannibal, Marion County, contact Holland Injury Law, LLC, for a free consultation with an experienced and compassionate Missouri wrongful death lawyer. One of our lawyers will review your case and explain the process of seeking the compensation your family needs following the unexpected death of your loved one.
Wrongful deaths can happen in a wide variety of ways in Hannibal, MO.
Depending on how the incident that caused your loved one’s death occurred, various parties could be at fault, such as property owners, motorists, medical providers, and product manufacturers. Our lawyers will investigate the incident to identify them all and work to hold them financially accountable for the harm they caused to your family.
The parties that can file a wrongful death lawsuit are determined by their relationship to the deceased individual. These parties are also divided into three classes, with those in the first class having the first priority for filing a wrongful death suit.
However, regardless of who files the lawsuit, any of the parties who would have had standing to file the suit can seek compensation for the losses they suffered because of their loved one’s death. Losses refer to the adverse consequences the death had on the surviving family members.
In the first class are the deceased’s surviving spouse, children, descendants of any deceased children, and parents. It does not matter if the children or parents are natural or adopted/adoptive.
If there is no one in the first class, the second class of family members who can file a wrongful death suit are the deceased’s siblings and their siblings’ descendants who can establish their right to compensation. To do this, they must show that they suffered losses and that they were financially dependent on the deceased in some way.
Finally, if there is no one in the first or second class, the court will appoint a plaintiff ad litem to bring the wrongful death lawsuit on behalf of anyone else who can establish their right to compensation.
The purpose of a wrongful death lawsuit is to seek compensation for the losses sustained by the surviving family members because of the death of their loved one.
Notably, the law prevents recovering compensation for grief and bereavement caused by the death.
In addition to the compensation available through a wrongful death lawsuit, you may also be able to recover compensation through a survival action. This is a lawsuit brought on behalf of the deceased’s estate for losses they sustained between the time of injury and the time of death.
The losses you can seek compensation for through a survival action include:
The compensation recovered through a survival action typically goes to the deceased’s estate, from which it is distributed to their heirs through intestate succession.
Under Missouri’s statute of limitations for wrongful death cases, surviving family members in Marion County have three years to file lawsuits against the parties responsible for their loved one’s death. This is notably less time than your loved one would have had to bring a personal injury lawsuit against those same parties had they survived their injuries.
Also unlike personal injury cases, the time limit for filing a wrongful death lawsuit begins on the date of death, not the date of injury. The start of this time limit may be pushed back if the cause of your loved one’s death wasn’t known until later. And if an at-fault party leaves the state, the time limit will be paused until they return so you can file your lawsuit against them.
Although you have three years to file your lawsuit, it’s essential that you begin working with a lawyer as soon as possible. Your lawyer must gather supporting evidence before it disappears, and the sooner you begin your case, the sooner you may be able to recover the compensation you and your family need.
The best way to maximize the compensation you and your family could receive after the tragic death of a loved one is to work with an experienced and knowledgeable wrongful death lawyer.
While you focus on grieving the loss of your loved one and emotionally supporting your family, your lawyer will handle all aspects of your case, from identifying the at-fault parties to gathering supporting evidence to negotiating with the at-fault parties’ insurance companies on your behalf.
Dealing with the legal system is challenging enough, even when you aren’t dealing with the aftermath of a loved one’s death. At a time like this, it’s best to rely on the skills of a professional who will aggressively fight for your rights and the compensation you need.
If someone else’s actions caused your loved one’s death in Hannibal, Marion County, you need a lawyer who approaches every case with the philosophy of treating clients like family and tenaciously advocating for their rights. You need Holland Injury Law, LLC.
Our firm has over 30 years of experience handling wrongful death cases throughout Missouri. We’ve also recovered over $300 Million for our 7,000+ clients, and we’re committed to helping you seek the compensation you need, too.
Contact us today for a free consultation about your case with a highly qualified wrongful death attorney.
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