St. Louis Wrongful Death Attorney
When a loved one has died as the result of the negligence of another, whether the loss was from a medicine miscalculation, drunk driver, or faulty product design, it is important to choose a law firm in Missouri that specializes in personal injury law. Wrongful death lawyers guide surviving family members through the legal process with patience and compassion.
How much is a wrongful death lawsuit worth?
How much you receive in compensation from your wrongful death claim in St. Louis, MO depends on the total of your economic damages, as well as your pain and suffering. Economic damages are any financial losses that you have due to the death of your loved one. These include medical bills from the initial injury, lost wages, future lost wages that the deceased would have earned had they lived, and any property damage (such as in a car accident). The amount of money you are owed is calculated based on these expenses. The law allows you to seek compensation in court for these financial damages.
The court also allows you to seek compensation for pain and suffering, which includes the personal injury that your loved one suffered before their wrongful death. The damages you can receive for pain and suffering depend on the situation. For example, if the deceased left behind children who lost the care of a parent, their protection and guidance, and the nurturance that only they could provide to their own son and daughter, then there is no way to put a price tag on that loss. Our wrongful death attorneys fight for you to receive the compensation that you deserve so that you can move forward from this devastating loss.
What qualifies as wrongful death?
Wrongful death is when a person is killed because of another person or party’s negligence or breach of a duty of care. In a wrongful death case, the St. Louis, MO attorney representing the plaintiff must prove that the defendant owed the decedent a duty of care, that the defendant breached the duty of care through a neglectful or reckless act, and that breach of duty resulted in the decedent’s untimely death. Wrongful death attorneys must also prove that the decedent would have had reason to file a personal personal injury lawsuit against the defendant had they not died.
Wrongful death cases can arise for a number of reasons, including but not limited to:
- Car accidents
- Medical malpractice cases
- Worker’s Compensation cases or other workplace accidents
- Defective products
- Pedestrian accidents
- Aviation accidents
- Criminal negligence
Whether or not you see your specific example, contact our law firm now.
What is a duty of care?
Every time you get behind the wheel, a surgeon picks up a scalpel, and every time a drug manufacturer puts a chemical into a bottle, they are responsible for their own conduct and to act in accordance with the standards of that activity. When a driver gets their driver’s license, they sign agreeing to obey all traffic laws. A duty of care is a legal obligation to adhere to a reasonable standard of care while doing anything that could potentially harm another person. An example from premise liability law is that a hotel owes a duty of care to guests at that hotel to keep them safe from slips and falls by keeping walkways dry, or marked with a caution sign when a spill has occurred.
When people do not uphold their duty of care, the person they have injured may be able to file a wrongful death claim. In the case of a car accident, if a driver was found not to be sober when the accident occurred, then they can be liable for the death of a loved one based on their breach of duty of care to other drivers on the road and violation of Missouri law. Typically the person who has suffered damages due to the death is able to receive compensation in a Missouri court for medical expenses, pain, suffering, and other damages.
Who can file a wrongful death suit in Missouri?
Each state specifies who this person can be, such as a surviving spouse, children, or grandchildren. According to Missouri Revised Statutes section 537.080, those are the individuals who can file a wrongful death lawsuit. Depending on the age of the deceased person the parents or other members of victims’ families may also be able to bring forth a wrongful death claim, such as in the case of a child.
If there isn’t a surviving spouse, children, grandchildren, or parents to file a wrongful death claim, then a surviving brother or sister can bring forward the wrongful death case. If there are no surviving siblings, then a representative of the decedent’s estate can speak to a wrongful death lawyer about bringing forth a claim in St Louis MO.
When should I file a wrongful death claim?
A statute of limitations is a time limit on how long a person has to bring forth a personal injury claim as a representative of the deceased for the wrongful death that they suffered. You should file immediately, but Missouri law gives you three years. Call us for more details.
Who is entitled to wrongful death benefits?
As with all other aspects of a wrongful death suit, Missouri law determines who may file and may not a wrongful death lawsuit. They also prioritize who specifically can file and there is an order based on the specific circumstances of each case. For example, when the wrongful and death involves a child, then the parents are usually the ones who file the wrongful death claim. But if the child was killed in a car accident, for example, and the surviving parent is unable to file the lawsuit because they, too, were injured and unconscious, then there could be other family members who could file on the decedent’s behalf.
One of the reasons why we offer a free consultation to those seeking a wrongful death lawyer is because we like to listen to your concerns and help you determine what the next steps are. Throughout your wrongful death case, there will be a need for you to provide documents and records to your attorney, who will also be working tirelessly to investigate your case.
Why Wrongful Death Lawyers Hipskind & McAninch, LLC
Wrongful death occurs when a victim is killed by another person’s or entity’s misconduct, recklessness, or negligence. After a loved one has been killed in Missouri, the family of the victim is usually inconsolable. For the family of the decedent, the world feels as if it has stopped turning, and yet the legal case demands so much attention. Being burdened with knowing that the defendant owed the decedent a duty of care that they did not exercise, the grief of losing their loved one, and the tangle of legal language that they must now wade through is overwhelming. Working with an experienced wrongful death attorney can take so much of the stress off of your shoulders. A lawyer who has worked with many families and their loved ones has the experience and compassion to help you get through one of the most difficult moments of your life.
The attorneys at Hipskind & McAninch, LLC have recovered millions for their wrongful death claims. As a small law firm, we are able to work closely with the family member who files the St Louis wrongful death case, and develop a strong attorney-client relationship. We offer a free consultation so you can tell us more about your wrongful death claim.
The attorneys have been the recipients of many honors and awards, such as recognition on the National Trial Lawyers Top 40 Under 40. We have a 99% success rate. If you are a surviving family member seeking compensation for the medical bills, funeral, and burial, then call us today to schedule your free consultation with one of our lawyers.
Wrongful death attorneys get a lot of questions from families in St Louis and beyond regarding their rights and what they can do to help their loved ones right now. If you have questions about wrongful death claims, then give us a call to schedule your free consultation.