If someone is killed because of another person's carelessness, the victim's family can sue the negligent party for damages. Regulations for wrongful death claims vary significantly in each state, leaving the surviving family members of victims wondering, "can I sue for my family member's death?", "What are Missouri's wrongful death laws?" and "what type of compensation can I recover for my family member's wrongful death?"
In this FAQ, we are going to discuss the different causes of death covered in wrongful death claims, Missouri's wrongful death statute, and how to tell if your family has a wrongful death claim. If you have questions about the wrongful death claim process or want to learn more about our firm, call our wrongful death lawyers in St. Louis at 314-542-2222 or 618-272-2222. We don't charge any fees for consultations and never ask for any attorney fees unless we win compensation for your wrongful death claim.
What Causes of Death are Covered in Wrongful Death Claims?
Following the loss of an immediate relative, it can be challenging to know how to handle your family member's wrongful death. The last thing you should have to worry about after losing a family member is how to sue the negligent party for damages.
If you are thinking about filing a wrongful death claim, you are going to need a wrongful death lawyer in St. Louis to represent your case. While most causes of death are covered under Missouri's wrongful death laws, it can be challenging to determine each cause of death's specific rules for claims. The most common causes of death in wrongful death claims include:
- Motor Vehicle Accidents - car accidents, truck collisions, motorcycle accident, and other accidents require proof that the other driver's negligence caused the victim's death
- Medical Malpractice - if a doctor, surgeon, nurse, hospital, or pharmaceutical company's carelessness is responsible for someone's death due to misdiagnoses, surgical errors, medication errors, or other types of medical malpractice, with medical records, an autopsy, a police report, and other evidence, surviving family members can sue for wrongful death within two years of the victim's death
- Nursing Home Negligence - failure to provide adequate food, water, shelter, and other types of general care, plus physical abuse and lack of security are covered in wrongful death claims
- Product Liability - if a product or company is to blame for a person's terminal illness or sudden death, a victim's family can bring a product liability lawsuit for their loved one's death
- Workers Compensation - if your family member lost their life in a slip and fall accident at work, in a workplace machinery accident, due to toxic chemical exposure, or in another accident caused by an employer or coworker's negligence, you could sue for wrongful death under Missouri's workers compensation statute
The time frame for filing a wrongful death claim is different in each state and certain causes of death. In Missouri, a person's family can bring a wrongful death claim within two years of a victim's death, but in medical malpractice and workers compensation accidents, the time limit is three years from the date of death.
Who Can File a Wrongful Death Claim?
In most states, a victim's spouse, parents, siblings, and designated heirs can sue the negligent party for wrongful death, but in other states, eligible parties are limited to spouses and parents. Missouri's wrongful death statute allows the spouse, children, parents, or designated heirs of victims killed because of another person's negligence to sue for damages. If the victim doesn't have a spouse, children, parents, or other immediate family members that can file a claim, the victim's siblings can bring a wrongful death lawsuit on their behalf.
After the sudden loss of a family member, it can be challenging to determine if your family has a wrongful death claim. Our wrongful death lawyers in St. Louis are ready any time to assess your case and determine your right to sue for damages on behalf of your deceased family member.
If you have questions about what type of damages you can recover for your loved one's wrongful death, or want to know more about past cases our attorneys have won, please call Burger Law at 314-542-2222 or 618-272-2222. We don't charge any fees for consultations and never ask for any attorney fees unless we recover damages for your wrongful death claim.