WRONGFUL DEATH
St. Louis, Kansas City, and Jefferson City, Missouri
Coping with the loss of a loved one is never easy when he/she is prematurely taken due to negligence. Under Missouri Law, if another party or person negligently causes death to a person, certain family members have rights to compensation under Missouri’s Death Statute.
If a motorcycle, car or truck accident caused the wrongful death of your loved one, please call or email the Missouri personal injury attorneys at The Bradley Law Firm for a free consultation. Monetary compensation can help with the unexpected medical and funeral bills and compensate the decedent’s dependants that relied on him/her or financially.
What is Wrongful Death?
A death is considered "wrongful" when it is caused by carelessness or misconduct. Certain family members may be entitled to compensation for the decedent’s pain and suffering prior to death.
Who Can Bring Suit?
Missouri Law V.A.M.S. 537.080 states:
Whenever the death of a person results from any act, conduct, occurrence, transaction, or circumstances which, if death had not ensued, would have entitled such person to recover damages in respect thereof, the person or party who, or the corporation which, would have been liable if death had not ensued shall be liable in any action for damages, notwithstanding the death of the person injured, which damages may be sued for:
1) 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;
2) 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 537.090 because of the death;
3) If there be no person 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 of 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.
Wrongful Death Compensation
“In Missouri, all of the elements of damage may be recovered in a single action including survival damages. V.M.S. 537.090 provides the following. In addition, the trier of the facts may award such damages as the deceased may have suffered between the time of injury and the time of death and for the recovery of which the deceased might have maintained an action had death not ensued.”
Survival damages are:
- Lost earning
- Medical bills
- Conscious pain and suffering the decedent may have suffered from the onset of illness until death
Recoverable damages include:
- Pecuniary loss
- Funeral expenses
- The reasonable value of the services, consortium, companionship, instruction, guidance, counsel training and support the deceased provided
- Aggravating damages are punitive in nature and only apply if the decedent would have be entitled to punitive damages had he/she survived.
In order to maintain a claim for pre-death pain and suffering, the plaintiff’s attorney must prove beyond a preponderance of the evidence that the victim survived the initial injury and that he/she was conscious for an appreciable amount of time. In these cases, the definition of the word “appreciable” is a question for the jury and depends on the types and severity of injuries sustained.
The laws surrounding wrongful death are complicated and require the expertise of an experienced Missouri wrongful death attorney. At The Bradley Law Firm, we have over thirty years of combined experience in litigating these claims. We have obtained multi-million dollar settlements, and will aggressively pursue full compensation for you and your loved ones.
If you are in St. Louis, Kansas City, Jefferson City or anywhere else in Missouri, please contact us today for a free case evaluation by one of our caring and compassionate wrongful death attorneys.