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Wrongful Death: What Does It Mean for Your Family?
Wrongful death cases involve complex legal issues and processes. Our attorneys have experience handling a variety of wrongful death claims, including:
Vehicle & Transportation Accidents
- Car accidents: We pursue compensation for families who have lost loved ones in collisions caused by negligent or reckless driving.
- Truck accidents: The immense size and weight of commercial trucks often leads to fatal crashes. We hold trucking companies and drivers accountable in these tragic cases.
Medical Malpractice
- Misdiagnosis or delayed diagnosis: Failure to promptly and properly diagnose a serious medical condition can have fatal consequences. We seek damages from physicians, hospitals, and healthcare organizations in these situations.
- Surgical errors: Mistakes made during surgery, such as operating on the wrong body part or leaving surgical instruments inside the body, can lead to death. We pursue malpractice claims against surgeons, anesthesiologists, and medical facilities in these events.
- Birth injuries: Errors during labor and delivery can cause infants to suffer injuries that prove fatal. We represent families pursuing wrongful death claims in these heartbreaking cases.
Product Liability
Our Springfield wrongful death lawyers are dedicated to pursuing justice and fair compensation for families who have lost loved ones due to the negligence or wrongdoing of others. We handle wrongful death claims of all types with compassion and expertise.
Wrongful death cases involve complex legal issues and processes. Our attorneys have experience handling a variety of wrongful death claims, including:
Our Proven Results
Do You Have a Wrongful Death Lawsuit?
A wrongful death lawsuit is a legal action brought by the surviving family members or representatives of a deceased person against those responsible for the death, similar to a personal injury case. However, attorneys must carefully navigate the details of the law and prove an event caused the result—such as in cases of car accidents, product liability, or other negligent acts—and meet specific legal requirements to comply with wrongful death statutes.
Statute of Limitations
- Wrongful death has a time limit of two years from the date of death.
- The time limit can begin to run from the date of the wrongful act, rather than the date of the death.
In Missouri:
- The statute of limitations for wrongful death claims is three years.
- If the death was a result from medical malpractice, there is a cause of action for “lost chance of survival”. It must be filed within two years of the date the malpractice occurred.
Who Is Responsible For Paying Damages?
The party responsible for paying damages in a wrongful death case can vary depending on the circumstances of the situation. Specific details of the case, applicable laws, and liability insurance all are factors determining who will pay in each case.
- In cases of an individual causing a wrongful death due to negligent actions:
- Their liability insurance may cover the damages.
- In situations where a business or an employer led to a death:
- The business’ liability insurance or worker’s compensation may cover the damages.
- If a defective product caused the wrongful death:
- The manufacturer or retailer may be held responsible.
- In cases where more than one party is responsible for the death:
- Liability may be paid by multiple defendants.
Pursuing Survival Action
In situations where the victim did not pass away immediately, several key factors must be addressed:
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The length of time the victim lived after the event.
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Whether the victim filed a personal injury claim before their death from the same incident.
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The necessity of proving the incident or action directly caused the death and gathering evidence to establish damages.
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Ensuring the wrongful death claim falls within the statute of limitations.
These cases can be particularly complicated when the victim survived for a period before passing. It’s essential to work with a skilled attorney who understands these nuances and can guide you through the legal process.
How Long Is An Average Wrongful Death Lawsuit?
There is no fixed timeline of a wrongful death case. Based on many factors, these cases can take months to several years to reach a resolution. Wrongful death cases tend to be complex and require extensive preparation, such as gathering evidence, interviewing witnesses and more. Our wrongful death attorneys are experienced in managing the wrongful death process efficiently. We can help maximize your compensation and minimize any unnecessary delays in the process.
Who Can File A Wrongful Death Lawsuit
Wrongful death lawsuits are different from typical lawsuits in terms of the parties entitled to file the claim. Unlike most lawsuits where the injured party initiates the legal action, in wrongful death cases, the directly affected individual cannot file the lawsuit in their own capacity. Each state has different laws regarding who is allowed to bring the wrongful death claim. In Missouri, the individuals entitled to bring a wrongful death claim are typically specified by statute. According to Missouri Revised Statutes 538.080, the following individuals may bring a wrongful death claim:
- By the spouse or children or the surviving lineal descendants of any deceased children, natural or adopted, legitimate or illegitimate, or by the father or mother of the deceased, natural or adoptive;
- If there be no persons in class (1) entitled to bring the action, then by the brother or sister of the deceased, or their descendants, who can establish his or her right to those damages set out in section 539.090 because of the death;
- If there be no persons in class (1) or (2) entitled to bring the action, then by a plaintiff ad litem. Such plaintiff ad litem shall be appointed by the court having jurisdiction over the action for damages provided in this section upon application of some person entitled to share in the proceeds of such action. Such plaintiff ad litem shall be some suitable person competent to prosecute such action and whose appointment is requested on behalf of those persons entitled to share in the proceeds of such action. Such court may, in its discretion, require that such plaintiff ad litem give bond for the faithful performance of his duties.
In most cases, multiple family members are entitled to recover damages in a wrongful death lawsuit. However, state laws vary in how damages are apportioned among plaintiffs.
How A Wrongful Death Lawyer Can Help You
A wrongful death lawyer specializes in representing families whose loved ones were killed due to negligence or intentional harm. They can help determine if you have grounds for a wrongful death lawsuit and guide you through the legal process.
- Investigating the Incident: The first step is conducting a thorough investigation into the death. The lawyer will review medical records, police reports, eyewitness statements, and other evidence to establish how the death occurred and who may be at fault. They have the expertise and resources to uncover critical details that families may miss on their own.
- Determining Liability: Not all deaths due to negligence or harm result in legal liability. The lawyer will evaluate who owed the victim a duty of care, whether that duty was breached, and if the breach directly caused the death. They can identify all potential defendants and the legal theories that may hold them responsible, such as negligence, medical malpractice or product liability.
- Valuing Economic and Non-economic Damages: Wrongful death claims allow families to recover damages for both the economic loss of the victim’s income and benefits as well as the non-economic loss of love, care, and companionship. An experienced lawyer can calculate a fair settlement demand or verdict amount in court. They know how to value the life of your loved one.
- Negotiating a Settlement or Taking the Case to Trial: Most wrongful death cases settle out of court. However, if a fair settlement cannot be reached, the lawyer will file a lawsuit to pursue the case in civil court. They are fully prepared to represent your interests at trial to obtain justice and closure for your family.
Experienced Wrongful Death Lawyers You Can Trust
At Monsees & Mayer, P.C., we handle wrongful death cases with the utmost seriousness. As steadfast but compassionate wrongful death lawyers, we have successfully represented families seeking justice for their loved ones.
These cases are often deeply emotional, with grieving family members facing challenges that make speaking out or participating in a lawsuit even harder. Law enforcement or other agencies may not always support civil litigation efforts, and defendants can use every legal right to protect themselves, making proof of the claim difficult.
Most wrongful death cases are resolved through settlements, often confidentially. These cases typically require skilled use of expert testimony and a firm commitment from the family to pursue justice. We stand ready to fight for you; contact us today to speak with a wrongful death lawyer you can trust.