Recovered Over $300 Million for Our 7,000+ Clients
Nothing hurts more than losing a family member because of someone else’s intentional or reckless actions. Not only have you lost someone you cared about, but you may also face significant financial burdens since you no longer have your family member’s income to rely on. Worse still, many people responsible for someone’s wrongful death refuse to accept responsibility, preventing grieving families from recovering fair compensation and finding closure.
Holland Injury Law can help if you’ve lost a family member due to someone else’s negligence or intentional wrongdoing. Our wrongful death lawyers serving St. Peters and St. Charles County have over 30 years of personal injury experience, and we’ve recovered over $300 Million in compensation for our clients. No matter how your family member died, we can investigate the incident, determine who’s liable for their death, negotiate on your behalf for a fair settlement, and take your case to trial if necessary. You don’t owe any attorney fees unless you win your case. Call now or complete our contact form for a free consultation.
A wrongful death claim should be straightforward, particularly if the liable party already faces criminal charges for their actions. Unfortunately, these cases are rarely simple. Insurance companies vigorously dispute these claims to avoid large payouts, and managing the legal process can be exhausting when you’re already grieving.
The best way to protect your rights and hold the liable parties accountable is to work with an experienced wrongful death attorney. Your lawyer can handle all the legal work in your case and document all your losses to maximize your claim’s value. An attorney can also explain critical legal concepts, answer your questions, make sure you meet the appropriate deadlines, and represent you in court if your case goes to trial. Trust our personal injury lawyers who serve St. Peters to make your claim as painless as possible while making a persuasive case for compensation.
Missouri law defines a wrongful death as any death that results from another party’s negligent or intentional actions. For instance, drunk drivers who hit and kill someone in another car could be held liable in a wrongful death claim. The key point is whether the person who died would have had grounds for a personal injury claim had they survived the accident. If so, their families likely have cause for a wrongful death claim. Some common causes of wrongful deaths in St. Peters and St. Charles County include:
The Missouri wrongful death statute defines three groups who can file a claim after the death of a family member. First in line are the deceased’s surviving spouse, any surviving parents, or any surviving children. If none of these parties exist, the deceased’s surviving siblings or their siblings’ children are next in line. However, surviving siblings or their children must demonstrate how their family member’s death harmed them before they can file a claim.
Finally, the executor of the deceased’s estate (sometimes called their personal representative) can file a claim if no other eligible family exists. If the deceased did not designate a personal representative in their will, the courts can choose someone to serve in this capacity. However, anyone who wants to serve as the deceased’s representative must show that they qualify for compensation from the deceased’s estate.
Generally, only close relatives or those who were financially dependent on the deceased can recover compensation in a Missouri wrongful death case. A surviving child or spouse, for example, typically qualifies to receive compensation in these cases. The personal representative of the deceased’s estate can also recover compensation through a wrongful death claim, and they can choose to distribute their compensation to others.
In some circumstances, parties with claims against the deceased’s estate can recover compensation through a wrongful death action. For example, a doctor or medical facility could file a claim against the deceased’s estate to seek compensation for the deceased’s outstanding medical bills.
The compensation you and your family could recover in a wrongful death claim depends on many factors, such as your funeral and burial expenses, whether your family member had unpaid medical bills, how much pain they endured before their death, and so on. With help from a capable legal team, your compensation could include money for:
Finally, it’s worth noting that there are usually no caps on compensation in wrongful death cases. However, Missouri law caps compensation for non-economic losses in medical malpractice cases. The amount you can recover for your non-economic losses in these cases changes each year according to a statutory formula. A wrongful death lawyer can give you a better estimate of your claim’s worth.
While most wrongful death claims don’t go to trial, the threat of a lawsuit is crucial leverage in settlement negotiations with insurance companies. If you miss the deadline to file a lawsuit, you lose that leverage.
The deadline to file a personal injury lawsuit in Missouri is usually five years from the date of the accident. However, the deadline to file a wrongful death lawsuit is three years from the date your family member died. This is a crucial distinction, as people sometimes live for weeks or months after an accident before dying from their injuries. The deadline to file a wrongful death lawsuit applies from the date your family member died, not when they sustained their injury.
Our office in Clayton, located at 101 S Hanley, Suite 1025, a about a half hour from St. Peters and St. Charles County if you want to discuss your case with us in person.
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