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Wrongful Death Attorney in Springfield, Missouri

The death of a loved one can have profound implications for your life, starting with the grief you feel over losing the love, compassion, and guidance of someone close to you. Beyond this emotional turmoil, though, you may also have to cope with the loss of your loved one’s income and household support, as well as the cost of their funeral. These are not consequences you should have to deal with alone – not when someone else was to blame for your loved one’s passing.

Have you recently lost someone in Springfield, Missouri, due to the act or conduct of another person? If so, you may be eligible to recover financial compensation for what you and your loved one suffered. Although no money can undo what happened, it can bring you a measure of justice while providing you with the financial security you need during a challenging time.

Discuss your case with a Springfield, Missouri, wrongful death lawyer with Holland Injury Law, LLC, to learn more. We understand what you’re going through right now and can help by explaining your legal options and offering dedicated representation. Contact us online or call us today to learn more.

What is Wrongful Death in Missouri?

Missouri’s wrongful death statute defines someone’s death as wrongful if it resulted from circumstances that would have granted them the right to file a personal injury claim or lawsuit if they survived.

For example, suppose a motorist runs a red light and collides with another vehicle in the intersection, fatally injuring that vehicle’s driver. In this situation, the accident victim’s survivors could likely file a wrongful death claim against the at-fault motorist. This is just one hypothetical situation to illustrate the concept of wrongful death. If you believe your loved one would still be alive but for the wrongful act or omission of another party, contact a personal injury lawyer immediately to find out if you have grounds to pursue a wrongful death case.

Common Causes of Wrongful Death

 There are many ways in which a negligent, reckless, or otherwise liable party can cause someone else’s death. Here are some examples of common causes of wrongful death:

 

  • Car crashes
  • Truck accidents
  • Bicycle accidents
  • Motorcycles crashes
  • Boating accidents
  • ATV/UTV accidents
  • Dog bites and animal attacks
  • Burns and explosions
  • Construction accidents

 

That’s not an exhaustive list. Speak with a Springfield, Missouri, wrongful death attorney for more information about your options if you’re not sure whether you have a valid case.

Who May File a Wrongful Death Lawsuit in Missouri?

In Missouri, the following parties may file a wrongful death lawsuit:

 

  • Surviving spouse
  • Children (or the surviving lineal descendants of deceased children)
  • Parents

 

Both biological and adoptive parents and children have the right to file wrongful death lawsuits in Missouri.

 

If no one from the above list is available to file a lawsuit, the siblings of the deceased or their descendants may take legal action. To do so, they will have to demonstrate they have a right to compensation under the applicable Missouri law.

 

plaintiff ad litem may file a lawsuit for wrongful death in Missouri when no one else is available to do so. A court may appoint a plaintiff ad litem upon the request of someone eligible to share in the proceeds of a wrongful death settlement or damages. 

 

Only one person can file a given wrongful death lawsuit in Missouri. For example, a spouse and a child can’t file separate lawsuits for the same death. Instead, one party must file a single lawsuit on behalf of all potential beneficiaries.

Compensation Available in a Missouri Wrongful Death Case

A successful wrongful death claim can recover compensation for the following:

 

  • Funeral expenses
  • Loss of the deceased’s services
  • Loss of consortium
  • Loss of companionship, comfort, instruction, and guidance
  • Loss of income the deceased may have earned over the course of their lifetime 

 

Was the deceased not employed full-time, and were they at least 50 percent responsible for the care of one or more of the following?

 

  • A minor
  • A disabled person
  • Someone over 65 years of age

 

If so, compensation may account for the loss of the care the deceased provided. In these circumstances, a rebuttable presumption establishes the value of the care the deceased provided as being 110 percent of the state average weekly wage.

 

Someone filing a wrongful death lawsuit in Missouri may also seek compensation on behalf of the deceased. For example, perhaps between the time the deceased was hurt and when they died, they endured pain and suffering for which they could have received compensation through a personal injury suit. A person filing a wrongful death lawsuit may factor this into the total amount of compensation they seek.

 

Relatedly, compensation for grief and bereavement by reasons of death – that is, the pain and suffering the survivors felt – isn’t available in a Missouri wrongful death case. Review your case with a Springfield, Missouri, wrongful death lawyer for more information about the compensation that may and may not be available.

How a Wrongful Death Lawyer Near Springfield, Missouri Can Help

Can I Afford a Springfield, Missouri, Wrongful Death Attorney?

How Long Do You Have to File a Wrongful Death Lawsuit in Missouri?

You have three years from the time of a loved one’s passing to file a lawsuit under Missouri’s wrongful death statute of limitations. You’ll waive your right to compensation if you fail to take action in a timely manner.

Contact a Wrongful Death Attorney Near Springfield, Missouri

Losing a loved one can cause more than just emotional pain. It can dramatically affect your finances, your responsibilities as a family member, and much more.

 

You deserve to recover compensation for what you and your loved one suffered if their death was caused by another person’s legal fault. A Springfield, Missouri, wrongful death attorney with Holland Injury Law, LLC, can fight for what you and your family deserve. Get started today by contacting us online or calling us for a free case review.

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