If you’ve lost your loved one because of the negligent or wrongful actions of someone else, you might be considering a wrongful death lawsuit. However, dealing with a legal claim while you’re struggling with your grief and financial losses can be overwhelming. It’s important that you hire the right attorney, who can alleviate some of your stress, provide sensible and dependable advice, and help you understand what to expect.
Who Can File a Wrongful Death Claim in Missouri?
Missouri restricts wrongful death lawsuit plaintiffs to those with one of the following relationships to the deceased victim under R.S.Mo. § 537.080:
Class 1
This group has the first and strongest right to file a wrongful death claim. It includes immediate family members, including all the following:
- Surviving spouse
- Surviving natural or adopted children
- Surviving natural or adopted grandchildren of deceased children
- Surviving mother or father
Class 2
Relatives in this group may be eligible if no one from Class 1 survives the deceased or chooses to file a claim. Class 2 includes the following:
- The decedent’s brother or sister
- Surviving nephews or nieces
Class 3
If no one from Class 1 or 2 survives the deceased or chooses to file a claim, the court may appoint a plaintiff ad litem.
Before you file a claim, your lawyer will determine whether you or someone else is an appropriate party. There may be, and often are, multiple claimants in a wrongful death claim.
Statute of Limitations for Wrongful Death
In R.S.Mo. § 537.100, Missouri sets a statute of limitations for a wrongful death lawsuit. This is a deadline that you must meet. If you fail to file before the deadline, you won’t be allowed to pursue your claim in court. The statute of limitations is three years following the victim’s death.
Lawsuit Phases
When you meet with your attorney, they’ll first determine whether you have a case by considering the facts and circumstances of what occurred, your relationship to the deceased victim, and the statute of limitations. If they believe the evidence shows someone else’s negligence or recklessness likely caused your loved one’s death and that you are the appropriate party to file a lawsuit, they’ll begin the process of pursuing a claim.
Generally, you can expect the process to go through the following phases:
- Opening a probate estate to pursue a survival action or for the benefit of minors, if applicable
- Investigating and gathering evidence
- Determining your damages
- Drafting and sending a demand letter to the defendant
- Negotiating for a settlement
- Filing a lawsuit if out-of-court negotiations prove unfruitful
- Going through discovery, during which you and the defendant will exchange evidence, conduct depositions, and send and answer interrogatories
- Settlement or trial
Many wrongful death cases are settled outside of court through negotiations. However, if the defendant or their insurance company refuses to offer a fair settlement, you might have to file a formal lawsuit. Your attorney will continue negotiating with the defense throughout the discovery process. Most cases are settled short of trial. However, if you must go to trial, your attorney will help you prepare so that you know what to expect and the types of questions you might be asked.
Potential Damages in a Wrongful Death Case
The potential damages you might receive through a wrongful death claim are outlined in R.S.Mo. § 537.090 and include the following:
- Funeral/burial expenses
- Financial losses suffered because of your loved one’s death
- Reasonable value of your loved one’s services
- Consortium, guidance, support, or training losses
- The decedent’s pain and suffering from the time of injury until their death
- The decedent’s medical expenses from the time of injury until their death
- The decedent’s anticipated lifetime earnings if they had survived
- Additional losses allowed by Missouri law and proved by evidence
How much compensation you might recover will depend on the facts and circumstances of your case. Your attorney can provide an honest assessment and explain a range of values within which a potential settlement might fall.
Talk to the Compassionate Attorneys at the Law Offices of Bryan Musgrave
No amount of money can replace a close family member. However, filing a wrongful death lawsuit against the responsible party might allow you to obtain justice. The wrongful death lawyers at the Law Offices of Bryan Musgrave understand how difficult the sudden loss of a loved one can be and are here to help. Contact us today by calling 417-322-2222 or sending us a message online.