Cape Girardeau Wrongful Death
Wrongful death claims arise when a death is caused by the negligent action or inaction of another. These claims could be asserted for a variety of reasons, including car accidents, truck accidents, medical malpractice, inadequate security, or workplace incidents. Losing a loved one is devastating, and although nothing will ever replace a loved one, all states including Missouri have enacted wrongful death statutes that are utilized to provide a financial recovery against the responsible wrongdoer. If you have lost a loved one in a tragic accident caused by another person or company’s negligence, the Cape Girardeau wrongful death lawyers of Nahon, Saharovich & Trotz are available today to speak with you about all of your legal options. For over 25 years, our team has handled thousands of personal injury claims, helping our clients recover over $1 billion in recovery in the process.When Can a Wrongful Death Claim Be Asserted?
Missouri’s wrongful death laws can come into play under a variety of legal theories. These include, but are not limited to:
- Car accidents
- Truck accidents
- Medical malpractice
- Nursing home negligence
- Prescription drugs
- Unsafe medical devices
- Construction accidents
- Inadequate security
- Product liability
- Premises liability
Recovering After a Death of a Family Member
Under Missouri law, a wrongful death is classified as the death of a person resulting from any act or occurrence which, if death had not ensued, would have entitled such person to recover damages from the at-fault party. To summarize, a claim for damages caused by the negligent conduct another does not go away just because the injured party dies. Under Missouri’s wrongful death statute, the deceased’s survivors are able to step into his or her shoes to assert the claim. Missouri law dictates who can bring a wrongful death claim and separates them into three different groups:
- Group 1 – spouse, parents, and children of the deceased, or, if the deceased’s children have passed away, their children.
- Group 2 –siblings of the deceased, or, if the deceased’s siblings have passed, their children.
- Group 3 – if no one is available in groups 1 or 2, the court may appoint a plaintiff ad litem given there are persons entitled to share in the proceeds of the wrongful death claim.
Lawsuits brought by an improper party may be dismissed outright before the case is heard on the merits. This makes it critical to enlist the services of a knowledgeable wrongful death lawyer in the Cape Girardeau area who can help you comply with Missouri law concerning the proper party and statute of limitation. In a wrongful death lawsuit, eligible parties are often able to recover funeral expenses, medical bills related to the accident, future lost wages of the deceased, the deceased’s pain and suffering, and the loss of consortium, support, instruction, guidance, counsel, and companionship of the deceased. Hiring a wrongful death attorney will ensure that all avenues of recovery are explored, that the proper person is bringing the wrongful death claim, and any complexities of comparative fault are addressed.
Before compensation can be recovered, the appropriate legal burden must be satisfied. This depends on the context of the manner in which the death occurred. For example, proving liability for a fatal auto accident will require showing the defendant breached a legal duty owed to the decedent. On the other hand, premises liability and inadequate security claims will revolve around whether the defendant had actual or constructive notice of a dangerous condition that led to the death.Retain a Cape Girardeau Wrongful Death Attorney Today
When a mother, father, brother, sister, grandparent, aunt, uncle, or sibling passes away prematurely, families are often left in financial and emotional distress. Fortunately, Missouri law provides an avenue to help those who have lost a loved one. To speak with a wrongful death attorney today, call Nahon, Saharovich & Trotz. We serve those affected by wrongful death all across Missouri, Tennessee, Mississippi, Kentucky, and Arkansas, including in Cape Girardeau, Caruthersville, Hayti, Chattanooga, Knoxville, Memphis, Nashville, Oxford, Starkville, Grenada, Columbus, Tupelo, Meridian, Jackson, Little Rock, and Jonesboro. Call us today at 800-529-4004 or complete our online form to arrange a free appointment with a personal injury or motor vehicle wreck lawyer.