Losing a loved one is always painful and challenging. But losing someone due to the negligence of another individual, a wrongful death, makes it even harder.
A wrongful death lawsuit is similar to a personal injury lawsuit but is filed by the deceased's family on behalf of the deceased. In addition, the survivors seek their compensation as a result of the loss.We know that a lawsuit and possible settlement won't bring back your loved one. But it will force the responsible party to acknowledge their part and compensate you for your losses.
Filing A Wrongful Death Lawsuit
In addition to compensation, you may want to sue the other party to find out the circumstances of how and why your loved one died. Defendants may not want to be truthful, in part because it will implicate them in the case.As a plaintiff, you're required to prove that:
- Someone died
- The death was caused by the actions of another party, whether an individual or an entity.
- You and your family suffered damages as a result.
Since negligence is a part of a wrongful death case, you'll also need to prove the elements of negligence:
- The defendant had a duty of care.
- The defendant breached that duty of care.
- The defendant's actions led to an injury (death) that would not have otherwise occurred.
- The defendant's actions were responsible for the death.
Even if the other party wasn't given criminal charges, you can still seek justice and hold the other party responsible.Note that you'll only have three years to file.
Who Can File A Wrongful Death Action?
Missouri Revised Statutes 537.080 lists the parties who are allowed to file a wrongful death lawsuit:
- Surviving spouse
- Surviving children/grandchildren
- Surviving parents
- Brother and/or sister of the deceased, and their descendants
- A personal representative of the deceased's estate
- In the absence of any, the court can appoint a plaintiff ad litem, someone who requests an action and who would be entitled to share the proceeds of such a case.
Damages For A Wrongful Death Case
Losing a loved one is also expensive, and filing a claim can help cover those expenses. You may be able to collect damages for:
- Final costs, including funeral, burial or cremation
- Medical expenses for the deceased from the time of the accident through the date of death
- The loss of future income from the dead that would have been earned throughout his or her lifetime
- Pain & suffering compensation for the deceased between the time of the accident and the date of death
- Loss of companionship and other non-monetary services one would have received, such as comfort and guidance provided to family members
There isn't a cap on economic damages for wrongful death cases. However, medical malpractice damages stop at $350,000, including those that result in the death of a patient.
Kansas City's Premier Firm For Wrongful Death
Since 1918, The Popham Law Firm has been representing people just like you in wrongful death cases. We'll be happy to review your claim, let you know if you have one, and how to proceed. Contact us at (844) 243-2288 or contact us online to get started.
