Losing a loved one is one of the most difficult experiences anyone can go through. It can be even more devastating when their death was caused by someone else's negligence or intentional actions. In such cases, you may be wondering what legal options are available to you. One option to consider is filing a wrongful death lawsuit. In this blog post, we will discuss what a wrongful death lawsuit is, who can file for it, the elements of the lawsuit, damages that may be recovered, and how an attorney can help.

What is a wrongful death lawsuit?

A wrongful death lawsuit is a type of civil action where the surviving family members or dependents of a person who died as a result of someone else's negligence or intentional act seek compensation for their losses. The purpose of this type of suit is to hold the responsible party accountable for their actions and provide some measure of financial support for those left behind.

Who can file for a wrongful death lawsuit?

In Missouri, only certain parties have standing to file for wrongful death lawsuits. Typically, these parties include spouses, children (including adopted children), parents (including adoptive parents), and siblings (if they were financially dependent on the deceased). If there are no surviving family members who meet these criteria, then the personal representative of the deceased's estate may file on behalf of any heirs.

What are the elements of a wrongful death lawsuit?

To successfully bring a wrongful death claim in Missouri, several elements must be satisfied. These include establishing that:

• The defendant had a duty to exercise reasonable care
• The defendant breached that duty
• The breach caused the victim's death
• The victim's family suffered damages as a result

What are the damages?

Damages in a wrongful death case typically fall into two categories: economic and non-economic. Economic damages include tangible losses like medical expenses incurred before the victim's death, funeral expenses, lost wages and benefits, and loss of inheritance. Non-economic damages are more subjective and include things like pain and suffering, loss of companionship, and emotional distress.

How can an attorney help me?

Navigating a wrongful death case on your own is a daunting task. An experienced wrongful death attorney can provide invaluable assistance to you throughout the process. They can investigate the circumstances leading up to your loved one's death, gather evidence to support your claim, negotiate with insurance companies or other parties involved in the case, and represent you in court if necessary. Additionally, having an attorney by your side can help alleviate some of the stress that comes with pursuing legal action during such a difficult time.

Losing a loved one is never easy. If their death was caused by someone else's negligence or intentional actions, it can be even harder to come to terms with. However, filing a wrongful death lawsuit may be an option for seeking compensation for your losses. If you're considering this type of action in Missouri, it's important to understand what it entails and how an experienced attorney can assist you throughout the process. Contacting a lawyer who specializes in wrongful death cases can help ensure that your rights are protected and that you receive fair compensation for your losses.