When someone suffers a fatality due to negligence, carelessness, or an intentional wrongful act in Missouri, Missouri law provides two legal options: you may have to hold the at-fault party accountable for their conduct in a wrongful death lawsuit or a survivorship action, also commonly known as a survival claim. Working with a trusted and compassionate Missouri lawyer may help you obtain maximum compensation for losses related to losing your loved one, such as final medical expenses, funeral and burial costs, and emotional suffering, among others.
The Missouri wrongful death lawyers at Goza & Honnold understand the life-altering consequences of losing a loved one, especially if the accident was caused by a negligent party. At Goza & Honnold, we have a comprehensive track record of success representing countless victims in wrongful death and survival claims and securing millions in settlements and verdicts for our clients. We are prepared to aggressively fight for you by handling all aspects of your claim so you may focus on healing during this challenging time.
What is a Wrongful Death Claim in Missouri?
A wrongful death claim in Missouri is a legal action that allows the surviving family members of a deceased person to seek compensation for their losses. These claims arise when a loved one dies due to the negligence, recklessness, or intentional actions of another party. The primary goal of a wrongful death claim is to provide financial and emotional relief to the family members who are left behind. This can include compensation for lost income, funeral and burial expenses, loss of companionship, and other related damages. In Missouri, the right to file a wrongful death claim is extended to the surviving spouse, children, parents, siblings, and other dependents of the deceased person.
Who Can File a Wrongful Death Lawsuit in Missouri?
In Missouri, the law specifies who is eligible to file a wrongful death lawsuit. The primary individuals who can initiate such a lawsuit include the surviving spouse, children, and parents of the deceased person. If none of these family members are available, the right to file a wrongful death lawsuit extends to the siblings of the deceased person and other dependents. In cases where no eligible family members are present, the court will appoint a personal representative to handle the claim. This personal representative is usually a family member or a close friend of the deceased person, ensuring that the wrongful death lawsuit is pursued on behalf of the deceased’s estate.
Wrongful Death Claim Laws in Missouri
Seeking wrongful death damages is meant to compensate the surviving family for losses related to losing a loved one, as opposed to the deceased’s losses. A wrongful death lawsuit may be pursued to hold the negligent party accountable. In Missouri, wrongful death results from any act, conduct, occurrence, or circumstance that if death had not occurred, would have entitled the victim to recover damages sustained in the accident. While there is generally no cap on damages in wrongful death cases, exceptions exist for claims linked to medical malpractice, where specific caps on non-economic damages are enforced.
Missouri allows for the following surviving family members to bring a wrongful death claim:
- Spouse
- Children
- Parents
- Siblings
- Children of the deceased’s siblings
- Grandparents
It is important to note that most wrongful death claims must be initiated within three years from the date of death to ensure the court will hear the case.
With the help of a Missouri wrongful death lawyer, you may recover the following compensatory damages in a wrongful death claim:
- Loss of financial support
- Funeral and burial expenses
- Loss of companionship
- Final medical care expenses
At Goza & Honnold, we strive to recover substantial compensation on your and your loved one’s behalf for the losses sustained in a wrongful death accident. Calculating wrongful death damages may be challenging without a Missouri attorney on your side to review your case and advise you throughout the claims process.
Proving a Wrongful Death Case in Missouri
Proving a wrongful death case in Missouri requires demonstrating that the defendant’s actions directly caused the death of the victim. This involves presenting substantial evidence to establish causation and liability. The burden of proof in wrongful death lawsuits is on the plaintiff, who must show that it is more likely than not that the defendant’s negligence or intentional actions led to the death. This standard, known as the preponderance of the evidence, is crucial in wrongful death cases. It requires a thorough investigation and the collection of compelling evidence, which may include medical records, eyewitness testimonies, expert opinions, and other relevant documentation.
Resolving a Wrongful Death Case
Many wrongful death claims in Missouri are resolved through settlements rather than going to trial. Settlements offer several advantages, including avoiding the uncertainty of a trial and the emotional toll of reliving the traumatic event. By reaching a settlement, the family can receive compensation more quickly and with less stress. However, there are instances where going to trial may be the best option to achieve a fair outcome. An experienced wrongful death attorney can help navigate the process, negotiate with the opposing party, and determine the best course of action for the family. Whether through settlement or trial, the goal is to secure the maximum compensation for the family’s losses.
Insurance and Wrongful Death Cases
In many wrongful death cases, compensation comes from insurance policies. Insurance companies often aim to minimize payouts and may offer settlements that are lower than the actual value of the claim. This is where the expertise of a wrongful death attorney becomes invaluable. A skilled attorney will negotiate with insurance companies to ensure that the family receives fair compensation for their loss. Understanding the complexities of insurance policies and the tactics used by insurance companies is crucial in these negotiations. Having a knowledgeable wrongful death attorney on your side can make a significant difference in the outcome of the case, ensuring that the family’s rights are protected and that they receive the compensation they deserve.
Overview of Missouri Survival Laws for Surviving Family Members
Survival laws are designed to help compensate the surviving family for losses incurred by a deceased loved one before the loved one’s passing. In other words, if the deceased victim had survived and would have been eligible to pursue a personal injury lawsuit while living, the surviving family has the right to file a survival action.
You may only seek a survival action claim if the deceased did not die immediately from injuries. In Missouri, when wrongful death and survival claims arise from the same event, they can be, and often are, consolidated into one lawsuit.
The following are recoverable damages in a Missouri survival lawsuit:
- Accident-related medical expenses before death
- Lost income before death
- Pain and suffering the deceased sustained before death
- Emotional distress the deceased suffered before death
- Punitive damages
In a survival action claim, only a representative of the estate may be eligible to pursue legal action against the liable party.
Speak With the Missouri Wrongful Death Lawyers of Goza & Honnold
If you have lost a loved one because of another person or party’s negligence, carelessness, or intentional conduct, you may be eligible to pursue a wrongful death lawsuit or survival action on your loved one’s behalf. At Goza & Honnold, our skilled trial lawyers will thoroughly investigate your situation to determine whether you may be entitled to compensation.
To schedule a complimentary case consultation with one of our wrongful death attorneys, fill out a contact form or call our office at (913) 451-3433.
Goza & Honnold, a trusted personal injury law firm serving Missouri and Kansas, is known for our dedication to client advocacy and trial excellence. With a strong focus on auto accidents, medical negligence, and product liability cases, our experienced attorneys work diligently to secure fair outcomes while being fully prepared to take cases to trial when necessary. We work closely with our clients to build strong cases that reflect their unique experiences.