St Louis Wrongful Death Attorney
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St. Louis Wrongful Death
By definition, a wrongful death is a death that "is caused by the negligent, willful, or wrongful act, neglect, omission, or default of another." Families of wrongful death victims can file a wrongful death claim in common law jurisdictions against the person responsible for the death of their loved one.
Many people may be surprised to learn that Missouri only allows certain family members to file a St. Louis wrongful death claim. The limitation for wrongful death lawsuits and specifications on who may sue on behalf of a wrongful death victim are specified in Chapter 537 in the Missouri Revised Statutes. Missouri permits the following family members to file a wrongful death claim:
- The spouse of the deceased;
- The children of the deceased, including the surviving lineal descendents of deceased children of the deceased, regardless of whether they were natural or adopted, legitimate or illegitimate; and
- The father or mother of the deceased, regardless of whether they were natural or adoptive.
If there are no such family members that are able to file the St. Louis wrongful death claim, then the deceased’s brother or sister or their descendants that are able to establish their right to compensation may file the claim.
St. Louis wrongful death accidents can occur for any number of reasons. A fatal St. Louis car, pedestrian, or truck accident is considered a wrongful death accident if the crash is determined to have been caused by a distracted or reckless driver. Wrongful death claims can also be filed relating to St. Louis medical malpractice if it is found that a medical professional was negligent or failed to provide a high standard of care to a patient. Some surviving family members may also file wrongful death claims against negligent manufacturers in relation to the loss of a loved one due to an unsafe product or defective drug.
Compensation for Missouri Wrongful Death Accidents
Families of victims of an injury accident can seek compensation to help ease the financial strain of their loss. While it is understood that no amount of money can replace a loved one, compensation can help lessen the financial burden of paying for sudden expenses such as hospital bills and funeral costs that can often be astronomically high. Families can also receive damages for the St. Louis wrongful death accident victim’s loss of wages. There is no limit to the amount of economic damages that may be awarded.
Families may also be entitled to "non-economic" compensation for a family member’s St. Louis wrongful death, such as survival damages. Survival damages are unique to wrongful death cases and are based on the damages someone would have likely incurred had they survived the wrongful death accident. Families may be compensated for the pain and suffering of their loved one, mental anguish, and loss of companionship.
St. Louis wrongful death accidents are particularly tragic for family members of victims as the death could have been prevented. It is often difficult and complicated to prove fault in wrongful death accidents in Missouri, and consulting with an attorney can help you determine if you have a substantial wrongful death case. At Page Law, our lawyers have handled many St. Louis wrongful death cases and we will work hard to help your family receive the best settlement possible. Contact our St. Louis wrongful death accident attorneys to learn about the legal options available to you. Call us today at 314-322-8515 to find out how we can help your family during this challenging time.
St. Louis Personal Injury Resource Center
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