Cape Girardeau Wrongful Death Lawyers

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.