Wrongful Death Accidents

Death is always a shock and causes grief and hardship. However, when the death is due to the negligence of an organization or another person, this can aggravate the situation and cause even more financial and emotional hardships. 
 
That’s why the monetary and emotional hardships should not fall on the family alone. The law recognizes this and instead allows for those it believes are most financially and emotionally effected to bring suit:
 
Those especially able to present a case include:

• The victim’s spouse
• The victim’s minor children
• The victim’s adult children if they were dependent upon the victim
• The victim’s parents

 
The law can be thought of as a personal injury claim that is made on behalf of the decedent, who is no longer able to bring charges. Additionally, the law takes into account the loss of emotional support and guidance that individuals provide for their spouses, parents, and children.
 
However, if there are no spouses, parents, or children to survive the decedent, then a surviving sibling may be entitled to bring the claim. If there are no surviving siblings, then a personal representative of the estate may bring the suit.
 
Finally, if there is no personal representative to file a claim, the court appoints a “plaintiff ad litem” to do so.  A plaintiff ad litem may be appointed by an individual who is subject to share in the proceeds of the claim should it be successful.
 
The most common types of losses for which damages may be available include:

• Medical bills related to the injury or illness;
• Funeral/burial expenses;
• Pain and suffering the decedent experienced prior to passing away; and
• The reasonable value of what the decedent provided to the surviving family members (i.e. comfort, companionship, guidance, instruction, training, counsel, and support).

 
It is imperative to keep in mind that the state of Missouri has a time limit for when a wrongful death lawsuit may be filed. If the case is not filed within three years of the date that the decedent died, the court will likely refuse to hear it at all and the family or personal representative will be banned from seeking a civil remedy for the death of their loved one.
 
When bringing a wrongful death lawsuit, you may bring a claim for whatever the decedent would have been able to bring had he or she not died. For instance, if the individual who died was killed by another person’s negligence, then he or she would have been able to bring a negligence claim had he or she survived.
 
But since he or she did not survive, his or her aforementioned loved ones may bring the same suit. Similarly, the individual bringing a wrongful death suit must prove the same elements that the deceased would have been obligated to prove.
 
For instance, if the decedent’s family is bringing a claim of negligence, they must prove the four elements of negligence:

• Duty
• Breach
• Causation
• Damages

 
Since you were not there when your loved one received the injury, etc. that caused his or her death, you don’t need to know the right person to sue.
 
At a time when you are grieving such a loss, you should not have to worry about the details of building a case. The job of a qualified personal injury attorney is to investigate the situation, obtain evidence, and figure out the facts.
 
The attorneys at the Lowe Dreesen Miller Law Firm are ready to listen and advise you of your rights. Please contact us by clicking here for a free no obligation consultation.