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NST Law Attorney

Cape Girardeau
Wrongful Death Lawyers

Champions for the Injured
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NST Law Attorneys Corey Trotz and Alex Saharovich
NST Law Attorney
National Law Firm with Local Roots

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 30 years, our team has handled thousands of personal injury claims, helping our clients recover over $2 billion in recovery in the process.

Table Of Contents

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:


Who Can File a Wrongful Death Claim in Missouri?

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:

  1. Group 1 – spouse, parents, and children of the deceased, or, if the deceased’s children have passed away, their children.
  2. Group 2 – siblings of the deceased, or, if the deceased’s siblings have passed, their children.
  3. 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

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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. Call us today at (573) 381-0510 or complete our online form to arrange a free appointment with a lawyer.

NST Law Attorneys Corey Trotz and Alex Saharovich

Contact us for a free consultation now so that we can review your case and decide how we can best help you.

Our Cape Girardeau Office

1440 Kurre Lane
Cape Girardeau, MO 63701
Phone: 573-381-0510
Fax: 573-803-1389

- Climas B.
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"They stayed with my case until everything was resolved. My situation was complicated and they ensured things were in check from start to finish."
- Vicki L.
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"From start to finish it was a good experience. They listened and handled my case with compassion and care. I highly recommend them."
- Tasha S.
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"I was involved in a auto accident with my mother and she suggested NST to handle the case for us. Everything was handled professionally and in a timely manner."
Client Successes
Obtained in tractor-trailer accident case for a husband and wife that suffered traumatic injuries.
Recovered in car accident case against construction company in which our client suffered a traumatic brain injury.
Received for a woman injured in car accident while on the job, who sustained numerous fractures and underwent several surgeries.
Content Reviewer Box for A. Parker Trotz with his awards and credentials