When Can You File a Wrongful Death Claim?
You can file a wrongful death claim if a loved one died due to someone else's negligence or wrongdoing. Examples of incidents that cause wrongful deaths include car accidents, slip-and-fall accidents, and work-related injuries.
Relatives of the deceased victims of wrongful death are entitled to the settlement amounts paid by the at-fault party insurance provider. While personal injury laws guarantee compensation, understanding wrongful death settlements may help protect your rights.
Consider speaking to a trusted personal injury attorney for legal support and guidance as you pursue a wrongful death claim.
Here’s what you need to know.
Who Can File a Wrongful Death Claim in Missouri?
Under Missouri personal injury laws, wrongful death claimants are subdivided into the following classes:
- Class 1: The class comprises the first people eligible to make a claim, including the deceased's spouse, children, and grandchildren. If the deceased is unmarried, the mother or father—whether natural or adoptive— can file a wrongful death claim.
- Class 2: Siblings are the next priority if the deceased has no surviving spouse, child, or grandchild. If the deceased has no surviving sibling, a descendant of their sibling can file a claim if they can demonstrate a right to the damages.
- No Class 1 or Class 2 claimants: A personal representative of the deceased person’s estate may file a claim if Class 1 or Class 2 claimants are unavailable. The case is assigned to the plaintiff ad litem if there's no personal representative or estate.
Who Can Be Sued for a Wrongful Death Claim?
Any individual or entity can become a defendant in a wrongful death claim.
Here are examples of individuals who become sued for wrongful deaths:
- At-fault driver in car crash
- Government agencies responsible for constructing roads
- Employers of workers who died at work due to slip and fall accidents
- Healthcare providers liable for medical malpractice
- Automakers who produce faulty products
- Companies that fail to warn consumers of the risks of their products
Elements of a Wrongful Death Claim
You need to prove the following elements to win a wrongful death claim:
- The at-fault party had a duty of care to the deceased
- The at-fault party breached the duty of care
- The breach of duty caused the wrongful death
- You suffered loss because of the wrongful death
An attorney can help compile evidence, including medical records and witness testimony, that convinces a jury or a judge that the wrongful death occurred, resulting in damages.
Elements of a Wrongful Death Settlement
After a successful wrongful death claim, a plaintiff can receive compensation for:
- Medical bills
- Pain and suffering
- Loss of companionship
- Funeral costs
- Loss of the deceased’s lifetime income
Contact an Experienced Wrongful Death Attorney Today
Processing a wrongful death claim is an additional source of stress to the burden of losing a loved one. If unrepresented, emotions can cloud your decision-making, reducing your ability to negotiate for a fair settlement amount.
Consider hiring an experienced wrongful death lawyer from Burger Law who can handle the case professionally.
Contact us online or at (314) 907-2152 for a free consultation.