There are few things worse than losing a loved one. If your spouse, partner, child, sibling, parent, or anyone else you care deeply about dies following an accident, you can be left feeling lost and overwhelmed. In some cases, you may feel angry about the accident that led to the death of your loved one or you may even experience depression, apathy, or anxiety. There is no easy way to get through the death of a loved one. That being said, there are certain things you can do that will give you the time you need to grieve while financial recovery is taken care of by an experienced St. Louis wrongful death attorney.
Finney Injury Law has been helping people like you for many years. Because of this, we know what you need, and we know how to achieve your goals. While money is certainly not uppermost in your mind right now, if your loved one was the primary wage earner for your family, being without their income can leave you financially insecure. At Finney Injury Law, we will handle all the legal details of your St. Louis wrongful death claim. This allows you the time you deserve to grieve and adjust to life without your loved one.
What is Wrongful Death?
When an individual dies as a result of the negligence or carelessness of another, their loved ones can sue for wrongful death. A wrongful death can sometimes begin as a personal injury claim. When a person is severely injured due to another’s carelessness, they may live for days, weeks, or even months. During that time, the injured person would have a valid personal injury claim against the at-fault party, asking for damages associated with their medical expenses, lost wages, lost future wages, pain and suffering, and any other damages.
If those injuries later cause the individual’s death, the claim becomes a wrongful death claim. Each state has its own wrongful death statute of limitations that governs who can bring the wrongful death claim, and how long the window of time to bring that claim will be.
In Missouri, the decedent’s surviving spouse, parents, children, or grandchildren (if the children are deceased) have the right to bring a wrongful death claim. The Missouri statute of limitations is three years from the time of the death. Waiting longer than that could result in an inability to collect wrongful death damages.
Why Should You Choose Finney Injury Law as Your St. Louis Wrongful Death Attorney?
Choosing a St. Louis wrongful death attorney from Finney Injury Law makes sense following the death of a loved one. It’s normal that you may not be thinking clearly due to your grief. Having someone you trust to ensure you receive a full and fair wrongful death settlement from the at-fault individual’s insurance can take a huge burden from you. At Finney Injury Law, attorneys Chris Finney and Alex Ledbetter, and their legal team, always go the extra mile for their clients. You are never a number or a settlement amount to us—you are an individual we will get to know throughout the process.
What Are the Most Common Causes of Wrongful Death?
Across the United States, there are many causes of wrongful death. Of course, not every accident is a wrongful death—sometimes an accident is nothing more than an accident. When your loved one dies due to negligence or carelessness, however, a wrongful death has occurred. Some of the most common types of wrongful death accidents include:
- Auto Accidents—like personal injury claims, auto accidents are the number one cause of wrongful death claims. When a driver does not take reasonable care when driving, fails to obey traffic signals and signs, or fails to follow the rules of the road and an accident with injuries or death occurs, that driver is liable for the damages. Distracted driving, driving while overly fatigued, impaired driving, excess speed, tailgating, and failure to yield are all causes of auto accidents that are avoidable, making the driver responsible. Pedestrian accidents, bicycle accidents, commercial truck accidents, and passenger vehicle accidents are all causes of wrongful deaths.
- Medical malpractice is another cause of wrongful deaths. Some of the most common types of medical malpractice that can potentially result in wrongful death include misdiagnoses or delayed diagnoses, surgical errors, emergency room errors, and prescription drug errors. In some instances, the hospital may also be held liable for wrongful death.
- Defective products that result in death—whether through a faulty manufacturing process or a failure to warn of potential injuries—can result in a wrongful death claim.
- Work-related and construction accidents may result in wrongful death. These work or construction-related accidents could be caused by faulty equipment, workplace negligence, or improper employee training.
Other causes of wrongful death include drowning, boating and watercraft accidents, premises liability accidents, nursing home abuse and negligence, and criminal acts.
Who Can Bring Forth a Wrongful Death Claim in Missouri?
Each state sets its own rules and laws regarding who can bring a wrongful death civil lawsuit to court. In the state of Missouri, under Mo. Rev. Stat. Section 537.080, the first “group” in line to bring a wrongful death claim is the decedent’s surviving spouse, his or her children, the descendants of those children (if the children are deceased), and the decedent’s parents. If there is no one from the first category, the decedent’s surviving siblings or the descendants of those siblings may file a wrongful death claim. If there is no survivor from either category, a Missouri court will appoint a “plaintiff ad litem” to handle the wrongful death claim. The request for a “plaintiff ad litem” must come from a person who is entitled to share in the proceeds of a wrongful death claim.
What Are the Usual Damages in a Wrongful Death Case?
Under the Missouri wrongful death statute, a variety of damages can potentially be recovered; however, these damages must be specifically related to financial losses suffered by the person or persons bringing the claim. There are three types of wrongful death damages associated with a wrongful death claim:
- Economic damages are those that have a specific monetary figure attached and are directly related to the death of the individual. The only limit to economic damages is the amount that can be proven.
- Non-economic damages are more difficult to quantify because they can be subjective. As an example, physical pain falls under non-economic damages, yet only the person experiencing the pain knows how debilitating that pain really is.
- Punitive damages are awarded in cases where the defendant acted maliciously or in a particularly egregious manner. Punitive damages are meant to punish the defendant as well as to deter similar behavior among others. Missouri limits the amount of punitive damages to $500,000, or five times the total economic and non-economic damages. If the death results from a felony for which the defendant pleads guilty or is convicted, the cap does not apply.
Economic damages include the following:
- Funeral and burial expenses for the decedent.
- Medical expenses, including ambulance, physician, surgeon, hospital, and prescription drug costs incurred prior to the death of the individual.
- Future lost wages (when those wages would have contributed to the support of the decedent’s loved ones). More specifically, if the decedent was not employed full-time but was at least 50 percent responsible for the care of an individual over the age of 65, a disabled individual, or a minor, the presumption is that the care provided by the decedent is equal to 110 percent of the average weekly wage in the state.
Non-economic damages in a wrongful death claim may include:
- If the decedent contributed services, companionship, support, instruction, consortium, or comfort to the claimant when alive, then the reasonable value of these contributions will be calculated under non-economic damages. As an example, if the decedent stayed home to care for three children and the household, the value of those contributions will be calculated and paid as non-economic damages.
- Any pain and suffering the decedent experienced between the time of the accident and his or her death. Most wrongful death claims would qualify as a personal injury claim if the individual had not died. This means there could have been days, weeks, or even months of pain and suffering before the death.
Punitive damages only apply when the defendant in the case showed complete indifference to the safety of others. Punitive damages may be applicable in cases where the defendant was impaired, and that impairment caused the accident, which in turn was responsible for the death of the individual.
How Long Does a Wrongful Death Suit Take?
Parties to a wrongful death claim in Missouri have three years from the date of the death to file a claim under Missouri’s statute of limitations. The length of time a wrongful death claim can take can depend on a number of factors. These factors may include the complexity of the case, as well as whether the defendant in the case is cooperating. The more complex the case, the longer it is likely to take.
When there is no doubt that the defendant is liable for the death, the case will usually go more quickly. Your St. Louis wrongful death attorney will be able to provide a better estimate of the length of time your wrongful death claim will take. A wrongful death claim can take as little as a few months—or as long as a few years. If the case is very straightforward, an agreement may be reached between the parties relatively quickly.
What Can a Family Expect in a Wrongful Death Settlement?
Damages in a wrongful death claim can be extensive if your wrongful death claim is strong. The strength of your claim will be determined by examining these four elements:
- A duty of care exists—As an example, all drivers have a duty of care to other drivers to drive safely and follow all traffic rules and laws.
- The defendant breached the duty of care.
- This breach of duty of care was directly responsible for the death.
- The death of the individual due to the breach of duty of care caused specific damages to the decedent’s loved ones.
A breach of duty of care is demonstrated by a defendant whose behavior deviates from what a reasonable person would have done, given the same set of circumstances. Your St. Louis wrongful death attorney from Finney Injury Law can guide you through the claim process in the best way possible.
What Are the Chances of Winning a Wrongful Death Claim?
While every case is unique in some way, if liability is clear in your wrongful death claim and you have well-documented damages, your chance of being successful is vastly increased. For a wrongful death claim to have the best odds of winning, a highly experienced St. Louis wrongful death attorney is essential. Your wrongful death attorney can accurately assess your situation and build a comprehensive claim on your behalf.
Your attorney will then negotiate with the negligent party’s insurance company for the highest settlement possible. When the insurance company is unwilling to pay a reasonable amount for your claim, your St. Louis wrongful death attorney will take your claim to court where they will fight zealously for you and your future. As an example of a Finney Injury Law success, in August 2022, attorneys Chris Finney and Alex Ledbetter co-counseled a wrongful death claim that resulted in a $20 million verdict.
Why Hiring a St. Louis Wrongful Death Attorney from Finney Injury Law Can Help
When you choose a St. Louis wrongful death attorney from Finney Injury Law, you have chosen a law firm with a solid reputation—not only for winning but also for treating clients with dignity and respect. Our experience in personal injury, medical malpractice, and wrongful death claims allows us to secure the best outcomes for our clients. When you have the best wrongful death attorney advocating tirelessly on your behalf, you are much more likely to receive a full and fair wrongful death settlement. Contact Finney Injury Law today for a free evaluation of your wrongful death claim.