St. Louis Wrongful Death Attorney
Get the Right Legal Help From a Top Rated St. Louis Wrongful Death Attorney
Losing a loved one and uttering that final goodbye is the hardest thing anyone has to endure. Taking legal action and inquiring into the cause of their death may seem like the last thing on the minds of the survivors of the deceased but it is indispensable in the long run to attain a wrongful death lawyer as soon as possible.
Once the initial emotional trauma runs its course, other problems may ensue. If the deceased were a sole breadwinner, we know the family will be deep in the ditches with fiscal tribulations. The compensations and damage reimbursements gained as a result of a wrongful death lawsuit would greatly relieve the family of financial burdens.
St. Louis wrongful death attorneys understand what your departed meant to you and aspire to help you through your dilemmas by retrieving compensation for the wrongful death of your beloved. Our wrongful death lawyers have the experience required to litigate wrongful death lawsuits. We’ll make sure their death is accounted for.
What Is a Wrongful Death?
If a person dies due to negligence or legally incriminating actions of another person, the survivors of the deceased or other beneficiaries can file a wrongful death lawsuit against those responsible, in order to obtain monetary compensation.
Many wrongful death cases that follow a criminal trial do not necessarily convict the person responsible for the death due to weak evidence to establish their guilt beyond a reasonable doubt. Rather, they settle for monetary damages when the victim’s family in civil action sues them. Wrongful death lawsuits are designed to compensate the family for the unimaginable injury, pain, and suffering incurred by the deceased, any expenses brought about prior to death, lost wages of the deceased, lost benefits such as inheritance and insurance, and funeral and burial expenses.
Who Can File A Wrongful Death Lawsuit?
The city of Saint Louis enumerates the recovery of damages by surviving kin such that spouse, parents, adoptive children or siblings, children and any relatives dependent on the dead financially. The more distant a family member is, the harder it will be to collect compensation.
The state defines a time limit after the death during which a wrongful death lawsuit may be filed. Failure to comply will hinder the distributees from recovering compensation for the deceased. If you have recently lost a loved one untimely, contact our St. Louis wrongful death attorneys for insight on who in your family may sue for damages. Please note parents of an unborn fetus cannot sue for the losses.
Filing your wrongful death lawsuit is can be complicated. Let us help you navigate this stressful time.
Elements of a Wrongful Death Case
A wrongful death lawsuit may be filed against a myriad of personnel such as individuals, companies, businesses, and government agencies. An act of negligence, recklessness, or intention to harm, that results in a deadly fatality is entitled to a lawsuit. The inability to portray prudent behavior in certain circumstances, failure to comply with legal safety obligations or proving irresponsible demeanor falls under negligence.
For example, contradicting the local law, if a person neglects to close the swimming pool at night and a child trips in and drowns, the owner could be sued by the child’s parents or guardian in a civil action lawsuit and held liable for negligence.
The job of the wrongful death lawyer is to prove that the defendant breached their obligations to the law, and that their proximate actions caused the death of their loved one and thus incurred damages. The defendants might include, but are not limited to:
- The driver of a vehicle in an accident
- Medical practitioner prescribing a medicine that caused an adverse reaction on the patient
- Manufacturer or supplier of a faulty part of an automobile
- Birth injuries
- Supplier to alcohol that intoxicated the driver
- Intentional murder by criminal activity
- Exposure of an employee to hazardous working conditions
- A government agency failing to provide safety warnings
- Medical mal practice by health care professionals
If you feel you need help with filing a lawsuit against one of the defendant types above, please give us a call immediately.
Wrongful Death Damages
To determine the reimbursement entitled to the survivors of the departed, the court has to take many factors in to consideration. These include:
- The relationship between the recipient and the deceased
- The salary of the deceased prior to death, and the amount they would have earned in the probable years they would have lived, adjusted as a measure of inflation prediction
- Life expectancy
- Surrogate value of benefits owned by the deceased such as insurance and any other services
- An additional sum of money in compensation of the loss of companionship
The relationship of the receiver to the deceased also defines the benefits they are entitled to:
- Spouse: The surviving spouse of the deceased is entitled to compensation for the irretrievable loss of love and companionship of the deceased as well as the mental pain and agony suffered post death.
- Children: Children of the departed are entitled to compensation for the loss of care, guidance, protection, and financial support incurred due to the death.
- Parent: The parent of a minor or an adult child is entitled to compensation as a reimbursement for mental pain and agony incurred from the date of injury, as well as financial support if the parent was fiscally dependant on the adult child.
- All: All the above survivors can receive the value of lost financial support and benefits incurred due to the death from the date of injury, with interest. Any future loss of services can also be compensated for. In addition, any medical expenses sustained prior to death or the burial and funeral death can also be recovered in a wrongful death lawsuit.
Punitive damages may also be imposed on the defendant if their actions were particularly reckless or diabolical in order to “teach the deceased a lesson” and “deter other people from repeating the mistake.” Punitive damages are purely awarded at the discretion of the jury.
Our St. Louis wrongful death attorneys are dedicated to help you move past the tragic times and build your lives anew. Please contact us today so we can learn more about your potential wrongful death case.