Wrongful Death from Injury in Missouri
Call an experienced lawyer for a no-obligation, no-cost consultation if you are considering a wrongful death claim. An attorney may be able to help. When a family member or loved one is killed by someone else's negligent act or acts, surviving family members may pursue a wrongful death claim and certainly may have mixed feelings about making a monetary claim for the death. Certainly no amount of money, nor a judge or jury can bring your loved one back to life. That type of recovery can't be had. However, a monetary award is the only way civil law can hold wrong-doers responsible, compensate for the death, and penalize the party at fault.
Personal Injury Lawyer ~ David A. Payne
Valuation of every wrongful death claim is affected by many specific factors, including disputed issues of liability, contributory negligence, comparative negligence, assumption of risk, and proximate causation. Every wrongful death case is different and there is no certainty of value in the claim until money is recovered.
A surviving spouse has the right to sue for wrongful death in Missouri. If there is no surviving spouse, the right to seek compensation goes to surviving children.
If there is neither a spouse nor child surviving, then the decedent's parents have the right to sue under Missouri law.
In addition to the wrongful death claim for the full value of the life, the family has a claim for the decedent's medical and funeral expenses, and for pain and suffering before death. In the appropriate but limited circumstances, punitive damages may be awarded in connection with such a survival action where the worst behavior is exhibited.
Within the requirements of Missouri law, survivors can choose to put a monetary award for wrongful death to any good use, whether to support a family deprived of the breadwinner, to educate children, or to fund a charity in the memory of the deceased.
The laws governing wrongful death actions, evidence and procedure in other states may differ significantly from well settled Missouri law. Each and every case is unique. If the events and parties causing a death involve more than one state, a good lawyer will try to consider all the options with regard to choice of law and choice of the court in which a case should be filed in order to optimize you chances of success.
When appropriate, lawyers occasionally associated with local counsel and/or obtain limited admission from other states' bar associates to practice (pro hac vice), in order to litigate individual wrongful death cases in states other than Missouri.
