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Losing a loved one is devastating no matter the circumstances, but the death can be particularly traumatic if it occurred as a result of someone else’s negligent or wrongful conduct. Not only will you be dealing with grief, but you could also be facing financial strain from having to arrange funerary services and handle your loved one’s estate.
That is where the team of Lee’s Summit wrongful death attorneys at Holland Injury Law can help. We can help you understand what your rights are and guide you through the process of filing a claim. Learn more about what wrongful death claims are and why you need our experienced group of lawyers to help you.
One way to look at a wrongful death claim is to think of it as a personal injury claim in which the victim is no longer able to file for themselves. If your loved one would have been able to recover damages after the accident had they lived, then it’s likely that you can file a wrongful death claim on their behalf.
What that means is that you still have to fulfill the same legal requirements when it comes to proving negligence or strict liability. Keep in mind that a wrongful death claim is not a criminal proceeding but a civil one and that they are not mutually exclusive.
Missouri allows people who have close relationships with the deceased to file these claims. First in line are spouses, children, and parents. If the children are deceased, then their descendants can file the claim.
If no one fits that first category, siblings or their descendants can pursue a claim. In instances when no one fits either category, a Lee’s Summit or Jackson County court can appoint a plaintiff ad litem to begin a claim.
Roughly the same order applies regarding who receives the settlements or awards from the wrongful death claim, beginning with spouses, children, and parents. If you’re not certain if you’re allowed to file or receive compensation, one of our lawyers can ensure you know what your rights are.
It’s also important to know that you don’t have an unlimited amount of time to file a wrongful death claim. Generally, the statute of limitations gives you three years from the moment the person dies. If you don’t file within that period, you won’t be able to recuperate losses.
There are both economic and non-economic damages available if a loved one dies because of someone’s negligent or wrongful conduct. These are compensatory damages.
Economic damages focus on compensating you for the financial losses you suffered as a result of your loved one’s death. Medical expenses are a part of these. If your loved one spent time at Saint Luke’s East Hospital before dying, for example, economic damages can cover these costs.
Economic damages also compensate you for funeral and burial expenses. That can include the purchase of caskets, urns, burial plots, and headstones.
You’re also able to claim the wages that your loved one would have made if they had lived. In instances when the victim was a child, the value of lost wages is decided based on the parents’ earnings.
If the deceased provided care to a child, disabled person, or older adult for at least 50% of the time, you can also claim the cost of these services.
Non-economic damages compensate you for losses that aren’t financial. If your loved one suffered physical and emotional pain before succumbing to their injuries, these damages strive to compensate the family for that.
Non-economic damages also compensate the family for the support, comfort, and guidance the deceased would have offered throughout their lifetime. Many factors impact the amount of non-economic damages you can claim, including the closeness of the deceased’s relationship with other family members.
Any accident can cause a wrongful death. Some types of negligent or wrongful conduct more frequently result in fatalities, however.
Vehicular accidents are the most common cause of wrongful deaths — not just in Missouri but throughout the country. Collisions involving trucks, intoxicated drivers, or high speeds tend to be the most serious. In the majority of these accidents, you have to prove that the other person was negligent.
Slip and fall accidents, as well as falls from heights, also cause a significant number of deaths. They commonly result in traumatic brain injuries, which can be fatal depending on their severity.
If a healthcare provider offers care that falls below the standard, it can cost patients their lives. Common medical errors include misdiagnoses, delayed diagnoses, anesthesia errors, and even leaving instruments inside the patient. All of these can result in death.
When you purchase a product, you expect it not to cause harm, but that’s not always a given. If your loved one died as a result of a medication or they were in a crash that occurred because an auto part malfunctioned, the manufacturers can be held liable for the defective products they created. These claims rely on strict liability doctrines.
Unfortunately, dog attacks can result in deaths. The most vulnerable are the elderly and children, but anyone can suffer fatal injuries if a dog attacks them. Because Missouri holds owners strictly liable for dog bites, you don’t need to prove negligence in these claims.
Wrongful death claims are complex because the person is no longer there to speak for themselves and offer their side of the story. That means gathering a significant amount of evidence to show what really happened. It’s never simple to do this, but it can be even more complicated when you’re in mourning.
By having our team of Lee’s Summit wrongful death lawyers by your side, you can give yourself the time you need to grieve while we handle the paperwork involved in filing a claim. We’ll also handle negotiations with insurance companies. This is vital, since they will try to pay you as little as they can get away with.
With experienced lawyers by your side, you have a chance of getting fair compensation either from settlements or jury awards. That’s because we’ll take your claim to court if we feel that you’re not getting the treatment you deserve.
The wrongful death of a loved one can leave you staggering with grief and unsure of whether you have the right to file a lawsuit against the party who caused the death. At Holland Injury Law, our team of lawyers has recovered over $300 Million for our 7,000+ clients, and we can help you, too.
We’re a tenacious group of lawyers with more than 30 years of experience. We understand the strain you’re under and will do our utmost to make the process easier. More than 1000 5-star reviews don’t lie. Contact our team to schedule a free consultation with a wrongful death lawyer.
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