St. Louis Wrongful Death Attorney
Wrongful deaths can be heart-wrenching, especially if you lost your loved one due to another’s negligence. Often, victims of wrongful deaths can leave dependent family members in their wake. In cases like these, the family members of the deceased can demand fair compensation from the at-fault party.
While there is no way to recover compensation equivalent to the death of a loved one, it can certainly help you to prevent financial difficulty. Before you file for a wrongful death claim, it is important to hire a St. Louis wrongful death lawyer. If you don’t have a lawyer, you can contact Hipskind & Mcaninch LLC to fight foryou. Our personal injury attorneys have years of experience fighting wrongful death cases between them. If there’s anyone who can help you recover maximum compensation in a wrongful death claim in St Louis, it’s us. Contact us today.
What Is Considered A Wrongful Death?
Wrongful death occurs when a person is killed due to the defendant’s negligence. The term “wrongful” implies that the death was caused by negligence. A wrongful death case can come about in a number of ways. Some of the most common causes of wrongful deaths are listed below;
- Car Accidents
- Medical malpractice
- Defective Products
- Toxic torts
- Criminal acts
- Pedestrian accidents
- Truck accidents
- Aviation accidents
- Reckless acts
- Drunk driver accidents
Wrongful death claims and lawsuits are charges filed by the personal representative of the eligible family members of the deceased victim in the form of a civil lawsuit. Usually, the eligible family members consist of spouses, parents (if the victim was unmarried), children, and in certain states, a few other parties could also serve as real parties in interest.
Who Can File Wrongful Death Suits?
According to Missouri law, the surviving spouse or children are the first ones in the line who are eligible to file a wrongful death claim. Next are the parents, followed by surviving siblings, if the deceased didn’t have any grandchildren. If none of those people are available, then a plaintiff ad litem will be appointed by the court and requested by someone entitled to judgment proceeds distributed from the case.
If you’ve lost a relative and are unsure if you’re eligible to file a wrongful death claim, schedule a consultation with Hipskind & Mcaninch LLC. We will inform you whether you’re eligible for a claim. If you are, we will discuss your options to receive compensation for the victim’s medical bills prior to their death lost wages, funeral costs, and other financial losses that you suffered in the wake of the car accident.
What Can Be Recovered During A Wrongful Death Claim?
If a family loses its sole breadwinner in an accident, it can recover monetary losses for economic and non-economic damages.
Under economic damages, you could receive compensation for medical bills and other medical expenses incurred by the decedent before they died, funeral costs, lost wages, income loss, financial support, and loss of prospective inheritance. If the deceased also had children, the children will receive compensation for loss of parental guidance. These losses will be calculated by taking the victim’s life expectancy into account, with the judge considering present earnings and future earnings.
Wrongful death lawyers have experience in calculating personal injury damages. If you’ve lost a loved one due to another’s negligence, you need to get in touch with an experienced team of St. Louis wrongful death attorneys to receive what you are owed.
Aside from economic damages, there are also non-economic damages for which you can receive compensation.
If you want to calculate the precise amount that you’re owed, contact Hipskind & Mcaninch LLC today. We will take all the present and future economic damages into account.
Wrongful Death Statute Of Limitations In Missouri
According to personal injury law, the statute of limitations dictates that a wrongful death lawsuit needs to be filed within a specific time period. Beyond that limit, the case cannot be filed, although there are certain exceptions to this rule.
The statute of limitations is different in other states. For wrongful deaths in Missouri, the statute of limitations is three years from the date of the victim’s death. If you want to file a wrongful death lawsuit against the defendant, you need to ensure that you do so before the three years elapse. Hipskind & Mcaninch LLC can help you file the wrongful death lawsuit and take care of all the paperwork that it needs.
Why Should I Call A St. Louis Wrongful Death Lawyer?
The wrongful death of a family member can be a heartbreaking experience. If the accident only injured them, then they would file a personal injury claim. But if they died, their surviving family will need the help of a wrongful death lawyer.
If you stand to suffer huge losses, you need to file a wrongful death claim soon after the victim has died. Before you file the wrongful death lawsuit or claim, it’s important to speak to a personal injury attorney. Here is how St Louis wrongful death attorneys can help you:
Inform you of your legal options
In wrongful death cases, you have a few legal options to choose from and multiple routes to receiving fair compensation. Wrongful death lawyers can inform you of all the options available to you and how you can use the law to protect your interests. They can also educate you on the whole process so you know what you’d be getting into if you file a lawsuit. Since the process can be challenging, wrongful death attorneys can help you deal with the insurance company and the court, if that becomes necessary.
Once you hire a wrongful death attorney, rest assured that you won’t have to worry about collecting evidence from various sources. This task can seem daunting, especially when you’re also mourning the loss of a loved one. Therefore, it’s best to allow a wrongful death lawyer to do all the legwork. They will gather the pictures of the scene of the accident, video footage from surveillance cameras if any exists, statements of witnesses, and the statements of the doctors to prove that the victim was severely injured due to the defendant’s mistake.
If the victim dies because of medical malpractice and you don’t have a wrongful death lawyer for a claim, contact the Hipskind & Mcaninch LLC law firm now, so we can begin working on your case. We have an excellent track record in cases involving wrongful deaths and have years of experience in winning millions in personal injury cases. Once you’ve briefed us on the accident that claimed the life of your loved one, we can begin helping you.
Calculation of damages
The value of each wrongful death case is different due to many different variables. You need to consult someone who has expertise in the legal field. A St. Louis wrongful death attorney can calculate the economic and non-economic damages of the death and propose a precise figure to the insurance companies. If you don’t have a personal injury lawyer to calculate damages for you, you could end up settling for a lower amount by the company.
Skillfully negotiating with insurance companies is crucial if you want to have any chance at recovering the settlement you need. You would have to prove negligence on the part of the defendant and would have to deal with the questions and accusations that the defendant’s lawyers hurl at you.
If it was an aging parent that died, your proposed compensation could be countered with the assertion that your parent died due to natural causes and not because of the defendant’s negligence. This would severely affect your claim. If you walk into their offices alone, you might end up settling for less than you deserve. This is why it’s wise to let your lawyers do the talking while you focus on recovering from the emotional trauma that the accident of your loved one has caused.
Brady McAninch & John Hipskind have done their fair share of negotiating in numerous wrongful death cases that they have won over the years. If you want to receive justice for the death of your loved one in St. Louis, schedule a free consultation with our firm today.
Why Consult Hipskind & Mcaninch LLC For Your Wrongful Death Case
Brady McAninch and John Hipskind have a 99% success rate in personal injury cases and have recovered millions of dollars in wrongful death claims in car accidents and other personal injury accidents. We understand just how traumatizing losing a loved one to a car accident or other kind of personal injury can be. We treat those cases with the utmost empathy and do our best to make sure the surviving family of the deceased gets maximum compensation for the financial and emotional hurt they had to suffer because of the defendant’s carelessness and negligence.
Contact us today so we can begin working on your case right away. We can help you recover the money spent on medical expenses, loss of wages, loss of potential earnings, and loss of parental guidance if the deceased had children. We also quantify the pain and agony you suffered due to the accident. Time is of the essence in these cases, as we would have to collect evidence to help build your case. Therefore, please schedule a consultation with us as soon as possible after your loved one has passed away so that a personal injury lawyer in St Louis fight for you.