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Chesterfield Wrongful Death Lawyer
The premature loss of a loved one is a devastating experience that negatively impacts the surviving family members of the decedent in more ways than one. In addition to emotional pain and grieving, the decedent’s family may also experience financial hardships and struggle to make ends meet.
When the untimely death of your loved one was caused by the negligence or recklessness of another person, you may be able to bring a wrongful death action to recover compensation and get justice on behalf of your loved one.
The experienced wrongful death attorney can explain how wrongful death cases work in Missouri and the steps you should take to recover compensation. If you need legal advice concerning your case, contact teh Chesterfield wrongful death lawyer at Mid-America Law Practice LLC at 314-818-8807.
What Is Considered a Wrongful Death in Missouri?
Like in many other states, Missouri’s wrongful death laws define a wrongful death as a death of an individual resulting from any situation in which the decedent would have had the grounds to file a personal injury claim if they had survived. The death can be accidental due to a negligent party or recklessness or as a result of an intentional criminal act.
In other words, a wrongful death is a worst-case-scenario type of personal injury claim. Since the plaintiff did not survive their injuries, a family member may come forward on the decedent’s behalf and seek compensation for their losses and damages. A wrongful death claim can be filed as an insurance claim in many cases, while other cases may require filing a civil lawsuit in court.
Who Can File a Wrongful Death Claim in Missouri?
Missouri laws on wrongful death define who may file a claim by dividing potential plaintiffs into priority groups according to their relationship with the decedent. The first priority is given to the decedent’s spouse, children, grandchildren, and parents (adoptive or biological).
If none of these relatives qualify to file a wrongful death claim, then the second priority is given to the decedent’s siblings or any descendants of the decedent’s siblings (if the siblings are deceased).
If none of these relatives qualify or have already passed away, the court may appoint a person called a plaintiff ad litem. The plaintiff ad litem may file a claim on behalf of another person or group of people who may have the right to a portion of the proceeds of the wrongful death claims.
If you are not sure about whether you qualify to file a wrongful death claim, it may be a good idea to speak to an experienced Chesterfield wrongful death lawyer to get legal advice concerning your case.
Why Should I Seek Compensation for the Death of My Loved One?
If you’ve lost a loved one due to someone else’s actions, the thought of filing a claim for compensation may bring up mixed feelings. While nothing can bring your loved one back, filing wrongful death claims is a way to make the at-fault party financially responsible for their actions.
In many cases, the loss of a loved one brings complications such as financial hardships, medical expenses, funeral costs, and lost income, as you can no longer rely on your loved one’s financial support to help with your household expenses.
In addition, the premature tragic death of your loved one causes deep emotional pain and grief as you live on without being able to enjoy your loved one’s company. If your relative had children, their children will miss out on their companionship and guidance.
All of this is a result of the negligent or willful actions of another party, and filing a wrongful death claim is a way to obtain a legal remedy for all of these financial, mental anguish, and emotional losses.
Is There a Cap on Wrongful Death Damages in Missouri?
The typical wrongful death claim allows families to seek compensation for economic damages and non-economic damages. As explained above, economic damages are financial losses resulting from the accident or situation that eventually led to your loved one’s death, as well as your own losses following the death. Medical bills, final expenses (such as funeral and burial expenses), lost wages, and loss of future income are all examples of economic damages.
In contrast, non-economic damages are the subjective losses experienced by the decedent before they died and the decedent’s family. Non-economic damages include pain, suffering, emotional distress, and loss of consortium. In cases where the defendant died due to another person’s gross negligence or willful acts, punitive damages may also be awarded.
In Missouri, there are no caps or limits to how much money you may receive for a wrongful death claim. The only exception is if the wrongful death was a result of a medical malpractice case. In this case, state laws set a maximum limit for non-economic damages.
This limit is adjusted every year. For 2022, the non-economic damages cap for wrongful deaths due to medical malpractice is $787,671.00, but be sure to consult your attorney for the latest numbers and to learn if this damages cap applies to your case
The legal team at Mid-America Law Practice LLC has represented countless families of wrongful death victims in Chesterfield, MO, and surrounding areas. Our wrongful death lawyers are here to provide you with the skilled legal counsel and representation you need to honor the memory of your loved one and make sure the at-fault party is held financially liable for their negligent actions.
If you believe you have a wrongful death claim and need answers to your questions, contact Mid-America Law Practice LLC at and request a free consultation to learn more.