Missouri Car Accident Attorneys
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Auto/Wrongful Death Accident
If you have been involved in an automobile accident that resulted in a death, you probably have a lot of questions regarding your legal rights. Please take a few minutes and read this overview on the wrongful death laws in Missouri and the ways in which they apply to automobile accident victims. If you find you still have questions when you are finished, or if you are ready to sit down with an attorney to discuss whether you have a case, please feel free to contact us at Page Law to set up a free initial consultation. We are here to help you.
What Is Wrongful Death?
In the state of Missouri, wrongful death is defined as the "death of a person resulting from any act, conduct, occurrence, transaction or circumstance which, if death had not ensued, would have entitled such person to recover damage (from whatever person or entity) would have been liable in an action for damages." In simpler terms, if the person who died had survived, he or she would have had the right to sue for the injuries and monetary losses caused by the automobile accident that caused the condition. You now have that right in his or her stead.
Do I Have the Right to Sue?
According to the revised 2010 Missouri statute, the following people may file a wrongful death lawsuit:
- Spouse;
- Father or mother (biological or adoptive);
- Children (biological or adopted, legitimate or illegitimate);
- Grandchildren of any deceased children (biological or adopted, legitimate or illegitimate);
- Sibling(s), but only if the deceased has no parents, children or grandchildren as described above;
- Niece(s) or nephews(s), but again, only if none of the previously described relationships to the deceased exist; and
- A plaintiff ad litem, who is appointed by the court as having the right to take action for damages on behalf of any other person/people deemed entitled to receive damages.
Any person who can show they suffered emotionally and financially from the wrongful death of an automobile accident victim should consult an attorney about his or her rights. In addition, only one wrongful death lawsuit may be brought against any single defendant over the death of any one person.
What Will My Claims Include?
Your car accident lawyer will help determine exactly which claims may be sought in your particular case. In general, you have the right to seek financial compensation for the following:
- Loss of financial support;
- Funeral expenses;
- Loss of consortium, companionship and/or comfort; and
- Loss of instruction, guidance, counsel, training and/or support.
Additional damages for personal injury and/or loss of property may also be awarded on behalf of the deceased for damages suffered between the time he/she was injured and the time of his/her passing. Any mitigating or aggravating circumstances related to the death of your loved one may also be taken into consideration.
We understand that the loss of a loved one is painful and the legal aspects of your situation may seem overwhelming. Please do not hesitate to contact us to discuss your concerns and find out how Page Law can assist you in pursuing fair compensation.
Missouri Car Accident Resource Center
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