In many situations, people in Kansas City and throughout the state of Missouri, are killed by the intentional or negligent actions of someone else. When this type of issue occurs, it is often devastating for the family members who are left behind. In addition to grieving for their loss and coming to terms with the situation, they also have to make funeral arrangements, handle the deceased person’s estate and deal with all of the financial implications. To hold a person, or entire group, responsible for a wrongful death, the deceased person’s family has the ability to pursue legal action. However, before you take this step, it is a good idea to get to know what type of damages are typically awarded in wrongful death cases.
Compensable Losses in Wrongful Death Cases is Missouri
According to Section 537.090 of the Missouri Revised Statutes, there are certain damages that can be sought in wrongful death cases. There are three categories of losses that can be awarded compensation:
- Pecuniary losses: These are the quantifiable monetary losses that occur after a wrongful death situation. This will include the loss of future income and funeral costs.
- Non-pecuniary losses: This refers to any losses that are not measurable in a dollar amount and include things such as the loss of guidance, support and companionship provided by the deceased person.
- Survival damages: The damages that the wrongful death victim suffers between the time when they are injured and when they pass away. This usually includes compensation for the victim’s pain and suffering.
Maximum Compensation Damages in Missouri
Under the majority of circumstances, the law in Missouri does not impose a cap regarding the amount of damages that can be sought or given in wrongful death cases. What this means is that there is no limit on the possible recovery as long as the victim’s family has sufficient evidence to provide support for the award. The only exception to this is with medical malpractice claims that result in the death of a person. In these cases, there are some limitations regarding the amount of non-economic damages that can be awarded.
What to Do in Wrongful Death Cases
If someone in your family has passed away and you are attempting to file a wrongful death lawsuit, it is wise to seek the services of a personal injury attorney. They will be able to review the case and determine whether or not the accident can recover losses. They can also provide aggressive representation for the injured party to ensure their family receives the justice deserved.