Recovered Over $300 Million for Our 7,000+ Clients
The pain of losing a cherished family member seems unbearable. However, that pain and suffering become even harder to bear when you lose a loved one due to the actions or inaction of another person.
Money can’t bring back your precious family member. Money can’t fill the emotional void left behind when a family member passes away, and you have to live on without them. However, money can help provide you and your family with a financial safety net that your loved one would want you to have to protect yourself. At Holland Injury Law, our sensitive wrongful death attorneys want to advocate for you, helping you pursue compensation and justice on behalf of your family member.
If someone else’s wrongdoing resulted in the death of a family member, seek advice and support from an experienced wrongful death attorney serving the O’Fallon and St. Charles County communities. The team at Holland Injury Law can provide you with a confidential, no-obligation legal consultation to learn more about your legal rights and options for seeking compensation.
What is wrongful death, and how do you know if you have a case? Missouri law defines wrongful death as any death caused by an act, conduct, occurrence, transaction, or circumstance that would have entitled a person to recover compensation if their death did not occur. If the person had lived, they would have been able to file a personal injury case.
In a personal injury case, an injured individual can seek compensation for their injuries and financial losses from the party who caused the accident. It is a way for an injured person to hold the at-fault party responsible for their actions that resulted in harm. Wrongful death cases are similar in that an at-fault party can be held responsible for their careless actions. However, since their actions caused a death, not just injuries, another party must represent the deceased and recover compensation on their behalf.
If a careless party caused an accident that resulted in the death of your loved one, you may have a viable wrongful death case. In wrongful death cases, you must prove the careless party owed your loved one a duty of care and that they violated that duty. You must also establish that the actions of the other party resulted in your family member’s death, measurable harm, and financial losses.
An experienced attorney can review the specifics of your situation and advise you on the best way to pursue justice.
Every state has specific rules governing who is eligible to file a wrongful death lawsuit on behalf of a deceased individual. Some states allow surviving family members to pursue legal action, while others only allow the personal representative of the deceased to proceed.
In Missouri, the law allows a surviving spouse or direct descendants, like children, to file a wrongful death lawsuit. Parents may also be eligible to file a lawsuit. If there are no family members to file for the deceased, the court can appoint a plaintiff ad litem. A plaintiff ad litem is a legal representative who can file and manage a case on behalf of someone entitled to share in the proceeds of a wrongful death case.
When it comes to wrongful death, there can be some understandable confusion about the difference between civil wrongful death lawsuits and criminal lawsuits. The unfortunate passing of a loved one can trigger both types of cases depending on the circumstances of their death.
A criminal lawsuit can only be brought by the state when an individual gets accused of violating criminal codes. It aims to establish guilt or innocence and penalize a guilty individual for violating state or federal laws. In a criminal case, the prosecution must prove that the defendant is guilty beyond a reasonable doubt.
A civil lawsuit can be brought by a surviving family member of the deceased. Guilt or innocence is not on the table. Instead, the lawyer for the plaintiff family member must prove, by a preponderance of the evidence (the “more likely than not” standard), that the individual caused the death. If the defendant is found guilty, they become liable for compensating the plaintiff for the financial losses suffered due to the death.
Money can’t fill the physical and emotional void left when a loved one passes. However, it can help your family remain financially stable after a tragic accident. Imagining the “value” of losing a family member is challenging. A compassionate and experienced wrongful death attorney understands how to assess the value of your wrongful death case accurately and can explain how the legal system evaluates wrongful death cases.
Every wrongful death case is unique. Although the value of each case varies, family members may be able to recover compensation for the following:
Unlike other states, Missouri does not cap compensation in wrongful death cases. The exception is in medical malpractice cases that result in death. The state does cap medical malpractice compensation.
At Holland Injury Law, our legal team understands the pain you are experiencing as you navigate life without your loved one. We strive to pursue maximum compensation, giving you a sense of financial security and proven results. We have already recovered over $300 Million for over 7,000 clients. Many people also find that financially holding the at-fault party accountable for their actions brings them and their families a sense of justice.
At Holland Injury Law, our compassionate wrongful death attorneys are here to support you through this emotionally challenging time. We know that you need more than effective legal advice. We know you need a shoulder to lean on and a powerful advocate to protect you and your family.
Contact our office now to arrange a confidential and free legal consultation. We are here to listen to you and provide you and your family with personalized legal advice. Let’s talk about how to achieve justice for your loved one. We welcome clients from the O’Fallon and St. Charles County communities.
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