Navigating the legal landscape is challenging, especially when it comes to seeking justice for the wrongful death of a loved one. In Missouri, specific laws and guidelines dictate who has the right to bring a wrongful death claim and pursue damages in the event of a tragic loss caused by negligence, recklessness, or intentional acts. A deceased victim’s surviving spouse, parents, and children have precedence in initiating a claim. If no one from the first group survives, then surviving siblings or their descendants may file a wrongful death lawsuit.
Missouri defines wrongful death as a loss that results from acts, behaviors, or circumstances in which an individual would have been entitled to recover damages in a personal injury claim if they had lived. Many types of events result in wrongful death, including negligence-based accidents, medical malpractice, or intentional acts. The lawyers at Goza & Honnold are prepared to help you understand your rights and options to seek compensation and justice in a wrongful death claim.
Understanding Wrongful Death
Definition of Wrongful Death
A wrongful death occurs when a person dies due to the negligence, recklessness, or intentional actions of another individual or entity. In Missouri, the legal definition of wrongful death is “the death of a person results from any act, conduct, occurrence, transaction, or circumstance which, if death had not ensued, would have entitled such person to recover damages in respect thereof.” Essentially, this means that if the deceased person had survived, they would have been able to file a personal injury lawsuit against the responsible party. Understanding this definition is crucial for recognizing the grounds on which a wrongful death claim can be based.
Parties Who Can Sue for Missouri Wrongful Death Claims
Like other states, Missouri prioritizes parties by category who can have precedence to seek a wrongful death action. The first category includes the following parties:
- Surviving spouse
- Parents
- Children
- Grandchildren
The second category is reserved for circumstances in which the deceased has no surviving spouse, parents, children, or grandchildren. In those cases, surviving siblings may file a wrongful death claim. If the deceased has no surviving siblings, then an offspring of any siblings may file the claim. If none exist, a personal representative of the deceased’s estate may seek a claim. Alternatively, if there is no representative, a party may petition to appoint a “plaintiff ad litem” who may seek the wrongful death case.
In a successful wrongful death claim, you may be eligible to recover various damages, depending on the specific circumstances of the case. When determining the value of a claim, the court or jury will consider the following:
- Funeral and burial costs
- Medical expenses related to the injuries
- Lost wages and benefits of the deceased
- Pain and suffering sustained by the deceased between injury and death
- Loss of consortium, companionship, and support the deceased would have provided to the surviving family
The lawyers at Goza & Honnold will help you determine the value of damages you may seek in a wrongful death claim. With decades of experience and extensive legal resources, we will investigate the incident, obtain evidence to build a strong claim, and fight for justice for your tragic loss.
Statute of Limitations for Wrongful Death Lawsuits
Time Limit for Filing
In Missouri, the statute of limitations for filing a wrongful death lawsuit is three years from the date of the deceased person’s death. This time frame is critical for surviving family members or the personal representative of the deceased person’s estate to initiate legal action. If a wrongful death lawsuit is not filed within this three-year period, the right to seek legal recourse and compensation may be permanently lost. Missouri courts strictly enforce this deadline, making it essential to act promptly. Consulting with an experienced wrongful death attorney can help ensure that all legal requirements are met within the specified time limit.
Potential Damages in a Wrongful Death Claim
Types of Compensation
In a successful wrongful death claim, the surviving family members or the personal representative of the deceased person’s estate may be entitled to various types of compensation. These damages can be categorized as follows:
- Economic Damages: These damages cover the financial losses incurred due to the wrongful death, such as medical expenses, funeral and burial costs, lost income, and other out-of-pocket expenses.
- Non-Economic Damages: These damages address the intangible losses suffered by the surviving family members, including emotional distress, loss of companionship, and loss of consortium.
- Punitive Damages: In certain cases, the court may award punitive damages to punish the responsible party for their reckless or intentional actions and to deter similar conduct in the future.
The types and amounts of damages available in a wrongful death claim can vary based on the specific circumstances of the case and Missouri wrongful death laws. An experienced wrongful death attorney can provide valuable guidance throughout the process, helping the family secure the compensation they deserve.
How the Experienced Wrongful Death Attorney at Goza & Honnold Can Help Your Claim
Losing a family member due to someone else’s negligence or wrongful actions is a heart-wrenching event. In Missouri, the wrongful death statute sets the statute of limitations for filing a wrongful death lawsuit at three years from the date of the deceased person’s death. During this difficult time, seeking legal guidance from the experienced Kansas City wrongful death lawyers at Goza & Honnold makes a decisive difference in the outcome of your claim.
Our highly qualified legal team will help you with the following aspects of your claim while you focus on healing during this challenging time:
- We offer compassionate and diligent representation throughout the legal process, taking the time to learn your loved one’s story and answer any questions you may have
- We will handle all aspects of your case with meticulous attention and care. With our extensive resources and knowledge, we have recovered millions of dollars for our clients
- We aggressively advocate for your loved one’s best interests each step of the way, from investigations to negotiations with relevant parties
We know how difficult seeking a wrongful death claim may be, especially when you want to prioritize healing and moving forward. We take the burden off your shoulders and fight tirelessly for just compensation.
Speak With the Wrongful Death Attorneys at Goza & Honnold Today
By enlisting the help of the highly qualified lawyers at Goza & Honnold, you can navigate the complexities of a wrongful death claim with the best possibility of securing compensation and justice. A wrongful death civil lawsuit can provide financial compensation and hold the negligent party accountable for their actions. We understand the sensitivity involved with these types of cases and provide emotional and legal support from initial consultation to resolution.
Schedule a no-cost consultation with one of our experienced lawyers by calling (913) 451-3433 or filling out a contact form.
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.