How A Wrongful Death Lawyer Can Help You
A wrongful death lawyer specializes in representing families whose loved ones were killed due to negligence or intentional harm. They can help determine if you have grounds for a wrongful death lawsuit and guide you through the legal process.
- Investigating the Incident: The first step is conducting a thorough investigation into the death. The lawyer will review medical records, police reports, eyewitness statements, and other evidence to establish how the death occurred and who may be at fault. They have the expertise and resources to uncover critical details that families may miss on their own.
- Determining Liability: Not all deaths due to negligence or harm result in legal liability. The lawyer will evaluate who owed the victim a duty of care, whether that duty was breached, and if the breach directly caused the death. They can identify all potential defendants and the legal theories that may hold them responsible, such as negligence, medical malpractice or product liability.
- Valuing Economic and Non-economic Damages: Wrongful death claims allow families to recover damages for both the economic loss of the victim’s income and benefits as well as the non-economic loss of love, care, and companionship. An experienced lawyer can calculate a fair settlement demand or verdict amount in court. They know how to value the life of your loved one.
- Negotiating a Settlement or Taking the Case to Trial: Most wrongful death cases settle out of court. However, if a fair settlement cannot be reached, the lawyer will file a lawsuit to pursue the case in civil court. They are fully prepared to represent your interests at trial to obtain justice and closure for your family
Areas We Serve
Our wrongful death attorneys routinely travel to meet with clients and potential clients who are unable to meet at our offices in the following metropolitan areas and their surrounding cities and towns:
Joplin, Columbia, St Joseph, Liberty, Jefferson City & Cape Girardeau in Missouri; Overland Park, Wichita & Topeka in Kansas; Fayetteville, Springdale, Rogers, Bentonville & Bella Vista in Arkansas.
Call Monsees & Mayer today at 816-361-5555 with any questions regarding your claim. We are here to help.
Who Can File A Wrongful Death Lawsuit
Wrongful death lawsuits are different from typical lawsuits in terms of the parties entitled to file the claim. Unlike most lawsuits where the injured party initiates the legal action, in wrongful death cases, the directly affected individual cannot file the lawsuit in their own capacity. Each state has different laws regarding who is allowed to bring the wrongful death claim. In Missouri, the individuals entitled to bring a wrongful death claim are typically specified by statute. According to Missouri Revised Statutes 538.080, the following individuals may bring a wrongful death claim:
- By the spouse or children or the surviving lineal descendants of any deceased children, natural or adopted, legitimate or illegitimate, or by the father or mother of the deceased, natural or adoptive;
- If there be no persons in class (1) entitled to bring the action, then by the brother or sister of the deceased, or their descendants, who can establish his or her right to those damages set out in section 539.090 because of the death;
- If there be no persons in class (1) or (2) entitled to bring the action, then by a plaintiff ad litem. Such plaintiff ad litem shall be appointed by the court having jurisdiction over the action for damages provided in this section upon application of some person entitled to share in the proceeds of such action. Such plaintiff ad litem shall be some suitable person competent to prosecute such action and whose appointment is requested on behalf of those persons entitled to share in the proceeds of such action. Such court may, in its discretion, require that such plaintiff ad litem give bond for the faithful performance of his duties.
Our Wrongful Death Lawyers Are Experienced
The loss of a loved one is an incredibly painful experience. While no amount of money can make up for the life that was lost, holding the responsible parties accountable and receiving compensation can help gain a sense of justice and closure. Our wrongful death lawyers are here to guide you through this difficult process with compassion and expertise.
Types Of Cases Our Wrongful Death Lawyers Handle
Wrongful death cases involve complex legal issues and processes. Our wrongful death attorneys have experience handling a variety of wrongful death claims, including:
Vehicle and Transportation Accidents
- Car accidents: We pursue compensation for families who have lost loved ones in collisions caused by negligent or reckless driving.
- Truck accidents: The immense size and weight of commercial trucks often leads to fatal crashes. We hold trucking companies and drivers accountable in these tragic cases.
Medical Malpractice
- Misdiagnosis or delayed diagnosis: Failure to promptly and properly diagnose a serious medical condition can have fatal consequences. We seek damages from physicians, hospitals, and healthcare organizations in these situations.
- Surgical errors: Mistakes made during surgery, such as operating on the wrong body part or leaving surgical instruments inside the body, can lead to death. We pursue malpractice claims against surgeons, anesthesiologists, and medical facilities in these events.
- Birth injuries: Errors during labor and delivery can cause infants to suffer injuries that prove fatal. We represent families pursuing wrongful death claims in these heartbreaking cases.
Product Liability
- Defective products: Poorly designed or manufactured products can malfunction and cause fatal harm to users and bystanders. We file wrongful death lawsuits against companies that fail to ensure the safety of their products.
Compensation For A Wrongful Death Lawsuit
When filing a wrongful death lawsuit, the family members (known as the plaintiffs) are seeking compensation for damages related to the loss of their loved one. This typically includes both economic and non-economic damages.
Economic damages generally refer to any loss that can be quantified monetarily, such as:
- Loss of financial support the decedent would have provided
- Medical expenses
- Funeral expenses incurred due to the death
Non-economic damages are more subjective losses, which may include:
- Loss of companionship, care, and affection
- Mental anguish, suffering, and bereavement
- Loss of guidance the decedent would have provided
Punitive damages may be awarded in some cases:
- Awarded to punish the defendant for reckless or negligent behavior
- Not all states allow punitive damages
The specific types and amounts of damages awarded will depend on the details of your case and the laws of your state. Plaintiffs should keep records of all expenses incurred due to the death to substantiate economic loss claims. Non-economic damages can be more difficult to determine but often make up a significant portion of wrongful death settlements and jury awards.
The total compensation awarded in a wrongful death lawsuit is divided among the plaintiffs, typically the spouse, children, and parents of the decedent. How the funds are allocated depends on which family members are plaintiffs in the lawsuit and the laws of your state regarding wrongful death benefits.
A wrongful death lawyer can be instrumental in helping you navigate the complex legal process and recover compensation for the loss of a loved one due to someone else’s negligence or misconduct. Our attorneys specialize in handling cases. Contact Monsees & Mayer today for help recovering the compensation you and your loved ones deserve.
Wrongful Death Frequently Asked Questions
What is wrongful death?
Wrongful death occurs when a person’s life is prematurely and unlawfully ended due to the negligent actions of another party. Wrongful death can occur anywhere, such as in a car accident, at a workplace, or from a defective product. There must be proven causation between the actions of a party and the death of the victim. Surviving family members are entitled to seek compensation for their loss and the damages suffered.
How long does a wrongful death lawsuit take?
Factors such as settlement negotiations, court’s schedules, and the overall complexity of the case can affect the duration of a wrongful death lawsuit. In some cases, settlements may be reached relatively quickly. More complex cases may go to trial and take longer. Wrongful death cases can take anywhere from several months to several years. Therefore, it is difficult to provide an exact timeline. The best way to estimate the duration of a wrongful death lawsuit is to consult with an attorney. A wrongful death attorney can use their experience and expertise to look at the unique circumstances of your case and the legal process in your jurisdiction to provide a more accurate timeline.
Is there a time limit on filing a wrongful death lawsuit?
Yes. This time limit is known as the statute of limitations. It is designed to ensure that legal actions are filed in a timely manner and while evidence is still readily available. The statute of limitations can vary by jurisdiction.
In Missouri, you typically have three years from the date of the death to initiate a wrongful death claim.
Failing to file a claim within this time frame can result in the loss of your right to pursue a wrongful death claim. Consult with an attorney who specializes in these types of cases to discuss the specifics of your case. There may be unique factors related to your case that can affect the time limit for filing a lawsuit.
Who can be sued in a wrongful death lawsuit?
Individuals who have contributed to the death through their negligence, intentional actions, or other wrongful acts can be sued. The defendant of each case varies depending on the circumstances of that case. Some common parties that may be sued include employers, property owners, intoxicated or impaired individuals, or manufacturers of unsafe products.
The facts of each case are unique and can impact who can be sued. In some cases, there may be multiple parties at fault. Consult with a wrongful death attorney to discuss your case and determine appropriate parties to include as defendants.