When a parent loses a child, that parent will do just about anything he or she can do to right the wrong. That is what a Missouri mother did when she filed a wrongful death lawsuit against the healthcare center that housed the teenager who killed her nine-year-old daughter. The mother is claiming that the mental health clinic knew of the teenager’s violent tendencies and threats and therefore should have detained the girl.
The mother claims that the teen who killed her daughter had shown signs to personnel at the mental health clinic that she wanted to harm the young girl, but nobody took any action to detain the teen or warn the mother that the teen had made specific threats to harm or cause serious injury to her daughter. The mental health clinic denies these claims, saying that the teen had only indicated that she was a threat to herself.
What is a wrongful death lawsuit?
In Missouri, a wrongful death lawsuit can be filed by a spouse, child, father or mother of the deceased. It is also possible for a brother or sister of the deceased to file a wrongful death lawsuit if certain circumstances are met.
A wrongful death lawsuit can be filed if the person who died would have been able to recover damages in a personal injury lawsuit against the person or entity that caused the injury had the person not died from those injuries. The wrongful death suit can be filed against the person or entity who would have been liable to the deceased had the death not occurred.
Why file a wrongful death lawsuit?
When someone is taken away suddenly because of the negligent or wrongful acts of another, it is hard for the deceased’s loved ones to recover. While monetary damages will not replace their loved ones, it can give the family members a sense of justice and help with funeral and other expenses. In a Missouri wrongful death lawsuit, the jury may award the plaintiff damages that it deems as fair and just for the death, including compensation for:
- Funeral expenses
- Lost companionship and comfort
- Reasonable value of the services of the deceased
- Guidance, counsel, training and instruction
Damages may also be awarded based on the damages the deceased would have been able to recover between the time of the injury that caused the death and the time of death.
Anyone struggling with the death of a loved one who wishes to file a wrongful death lawsuit should contact an attorney who will evaluate their case and help them pursue justice on behalf of the loved one they lost.