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Wrongful Death

A wrongful death is when an individual dies due to someone else's negligence. Not all fatal accidents are wrongful deaths, but anyone who has lost a loved one in a sudden and unexpected accident would be well advised to seek legal guidance from a skilled St. Louis wrongful death attorney. A knowledgeable St. Louis County personal injury lawyer will work with investigators to determine who was at fault for the accident and if the victim's family may pursue financial compensation for their loss.

What Constitutes Wrongful Death

Fatal car accidents happen and it is not always possible to hold an at-fault party civilly liable for a death. A wrongful death is must be caused by negligence, carelessness or recklessness. For example, an accident that results in a death may not lead to a wrongful death case unless the at-fault driver was negligent. Was the driver speeding, drunk or driving recklessly? An investigation into the cause of the crash will have an impact on what legal options are available to the victim's family. There is also a significant difference between "murder" and "wrongful death." A murder case is filed by the state and is adjudicated in a criminal court. A wrongful death case, on the other hand, is a civil filing where the at-fault party is not found "guilty" but "liable" or financially responsible for the victim's death.

Who May File a Wrongful Death Claim

Not all loved ones may file a claim after a wrongful death accident in St. Louis County. Eligible claimants typically include a spouse or child. A parent may file a claim if the victim is a child or the parent was financially dependant on the victim. There are circumstances where other family members may file a claim if they relied on the victim for financial support as well.

Types of Wrongful Death Accidents

There are a number of incidents that may warrant a wrongful death lawsuit. A few examples include:

• DUI collisions: Dangerous drivers may be held liable for the fatal accident they cause.
• Slip-and-fall accidents: Depending on the circumstances, a fatal slip-and-fall accident may lead to a wrongful death claim. The victim's family will have to prove that the property owner was aware of the hazardous conditions and failed to take appropriate action to fix it.
• Medical malpractice: When the negligent act of a medical professional leads to a fatality, the doctor or the hospital that made the error may be held liable for the patient's wrongful death.
• Work-related accidents: Employers have a legal obligation to provide safe work conditions, adequate safety training and proper supervision.
• Defective products: Whether the death is caused by an auto defect, dangerous drug or malfunctioning equipment, the manufacturer of the defective product can be held liable.

Damages in Wrongful Death Claims

There are a number of damages that may be considered in a wrongful death claim. Common losses that may be covered include:

• Medical expenses incurred after the accident and before the victim passed away.
• Lost future wages that the victim will no longer be able to provide.
• Lost benefits that the victim provided for the family such as health care.
• Funeral expenses
• Punitive damages in cases involve particularly egregious acts of violence or negligence.

If you have lost a loved in St. Louis as the result of a car accident, workplace accident or medical negligence, please contact an experienced St. Louis County wrongful death attorney at Page Law to examine your legal rights and options. Please call us today for a no-cost consultation.

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