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Everything You Need to Know About Missouri’s Wrongful Death and Survival Laws

December 5, 2022 | Personal Injury

When someone suffers a fatality due to negligence, carelessness, or an intentional wrongful act in Missouri, there are 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. 

Wrongful Death 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. 

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

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. 

Overview of Missouri Survival Laws

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.