Wrongful Death Claims in St. Louis, MO
Accidental Death Lawsuit
When a person dies due to another party’s negligence or recklessness, certain surviving family members, such as a spouse, children, or siblings, can file a wrongful death claim in Missouri; however, pursuing justice for the wrongful death of a loved one can be both confusing and disheartening, as many simply do not have the emotional capacity to pursue those responsible while coping with a loved one’s death. Family members deserve to pursue compensation from the responsible party, not only to deal with their sudden financial burdens and loss of support, but also to find justice for their loved one.
We understand the emotional and financial difficulties that arise for a family in the wake of a wrongful death and our St. Louis lawyers will gather evidence and witness testimony and pursue compensation while you and your family focus on coping with your loss. Missouri wrongful death cases can be complicated and often difficult to understand for a victim’s relatives, but by understanding the circumstances of these cases and using qualified legal representation, the pursuit of proper compensation can begin on the right foot.
Who is Responsible for a Wrongful Death in Missouri?
Because wrongful death lawsuits cover a wide variety of accidents, there are many possibilities for who may be responsible for a fatal accident. As long as a victim’s death was the result of another party’s negligence, recklessness, or oversight, the at-fault party can be pursued for compensation. This can range from individuals, such as drunk drivers or negligent property owners, to companies, like those who produce dangerous products or create an unsafe work environment, to government agencies, including those responsible for keeping roads safe yet allow streets to fall into unsafe levels of disrepair. These parties have some level of responsibility concerning keeping others safe and their actions, whether purposeful or accidental, are in the wrong when they leave a person dead.
Proving Fault in a Fatal Accident Claim
Like any personal injury accident, the family of a wrongful death victim and their legal representation must prove fault on the behalf of a responsible party and prove to the court that they were the cause behind the fatality. If fault cannot be proven, then compensation will not be awarded to relatives.
To prove fault, attorneys will use testimony from witnesses to the accident to describe how the incident was not caused by the victim. Expert testimony will prove the dangerous nature of the accident or the dangers of the conditions the victim was exposed to and other objective evidence such as photos, video, and police records will provide further details concerning the events surrounding the death.
Pursuing Compensation in Missouri
As stated by Missouri Revised Statutes Chapter 537 Section 537.090, wrongful death compensation is meant to aid the family members of a deceased victim in coping with the financial losses as well as “losses suffered by reason of the death, funeral expenses, and the reasonable value of the services, consortium, companionship, comfort, instruction, guidance, counsel, training, and support” that result from the death. When a relative dies, his or her dependants are suddenly left without financial support and saddled with high financial costs from the funeral and any medical care from the wrongful death. Compensation can cover the immediate costs of the death and the loss of any income benefits that were supplied by the victim’s work. Each of these losses must be proven to have occurred and the desired amount of compensation must be shown to be fair and directly related to the death.
Losing a loved one can create losses for a family that may take years to recover from, but the financial burdens that occur due to another party’s actions can set back this recovery even further as well as add more damages.Our Missouri wrongful death attorneys can help you find the compensation you need from responsible parties so that you and your family do not bear the unnecessary financial burden of a loved one’s death. For more information on how we can help you in recovering from your loss and holding at-fault parties responsible for their actions, call our offices today at (314) 322-8515.