If you’re facing the devastating loss of a loved one due to someone else’s negligence or intentional actions in Blue Springs, you’re likely consumed by grief and uncertainty. A Blue Springs wrongful death lawyer can help you gain justice and financial compensation.
But what do you need to know about Missouri’s wrongful death laws, and how can a skilled Blue Springs personal injury lawyer help you secure justice and financial recovery? Foster Wallace has recovered more than $1 billion for our past clients, and we could help you, too.
Understanding Wrongful Death Laws in Missouri
When a loved one’s death results from someone else’s negligent or intentional actions, Missouri’s wrongful death laws can help. They are there to provide a sense of justice and financial compensation to the surviving family members.
You may be eligible to file a wrongful death claim if you’re the spouse, child, parent, or guardian of the deceased. The statute of limitations in Missouri is typically three years from the date of death, so prompt action is crucial.
You’ll need to prove that the defendant’s actions led to your loved one’s death and that you’ve suffered financial losses as a result. A skilled Blue Springs wrongful death lawyer can guide you through the legal process and help you fight for full compensation.
Who Can File a Wrongful Death Claim in Missouri?
You’re likely wondering who can file a wrongful death claim in Missouri on behalf of your loved one. In Missouri, the law specifies that certain family members or representatives can file a claim. These individuals include the spouse, children, parents, or siblings of the deceased.
If the deceased has no surviving spouse or children, their parents or siblings can file a claim. Additionally, you may choose an executor for your estate and have them file a wrongful death claim. It is important to understand that only one claim can be filed on behalf of the deceased. It’s also paramount to determine the proper plaintiff to make sure the claim is valid.
Contact our Kansas city personal injury lawyers now.
Proving Negligence in a Wrongful Death Case
When pursuing a wrongful death case, you’ll need to establish that the defendant’s actions (or inaction) led to your loved one’s death.
To do this, you’ll have to prove three key elements:
- The defendant had a duty to act with reasonable care.
- They breached this duty.
- This breach directly caused your loved one’s death.
Establishing Breach of Duty
The legal burden of establishing a breach of duty falls squarely on your shoulders as the plaintiff in a wrongful death case. To prove a breach of duty, you must demonstrate that the defendant failed to meet the standard of care expected in a similar situation.
This requires showing that the defendant’s actions or inactions deviated from what a reasonable person would have done under the same circumstances. You’ll need to do the following to establish a breach of duty:
- Identify the relevant standard of care: Determine what a reasonable person would have done in a similar situation.
- Gather evidence of the defendant’s actions: Collect records, witness statements, and other evidence that shows the defendant’s actions or inactions.
- Demonstrate how the defendant fell short: Explain how the defendant’s actions or inactions failed to meet the standard of care.
- Show the foreseeability of harm: Establish that the defendant should have reasonably anticipated the harm that occurred.
Identifying Causal Connection
Demonstrating a causal connection between the defendant’s breach of duty and the resulting harm is a crucial element in proving negligence in a wrongful death case. You must show that the defendant’s actions or inactions directly caused the deceased’s death.
This can be a complex task requiring a thorough investigation and analysis of the events leading up to the death. You’ll need to gather evidence like witness statements, medical records, and expert testimony to establish a clear link between the defendant’s breach and the harm suffered.
Demonstrating Resulting Harm
To prove negligence in a wrongful death case, you must demonstrate that the defendant’s breach of duty resulted in quantifiable harm to the deceased and their loved ones.
This requires showing a direct link between the defendant’s actions and the resulting harm. To prove harm, you’ll need to provide evidence of the following:
- Economic losses
- Non-economic losses
- Punitive damages
Types of Damages Available in a Wrongful Death Claim
When you’ve lost a loved one due to someone else’s negligence or reckless behavior, you’re left to pick up the pieces and face the justice system. In a wrongful death claim, you may be eligible to recover various types of damages. These can include economic damages, such as medical expenses, funeral costs, and lost income or benefits.
You may also be eligible for non-economic damages, including compensation for emotional pain and suffering, loss of companionship, and loss of care and guidance. In some cases, punitive damages may be awarded to punish the responsible party for their reckless or intentional actions.
The Role of a Wrongful Death Lawyer in Blue Springs
A skilled wrongful death lawyer in Blue Springs can be your strongest ally in seeking justice and compensation for the loss of your loved one. At Foster Wallace, our attorneys will guide you through the often complicated legal process, making sure you understand your rights and options.
An attorney may do the following:
- Investigate the circumstances of your loved one’s death to gather evidence and build a strong case
- Handle communication with insurance companies, opposing counsel, and other parties involved
- Calculate the value of your claim, taking into account economic and non-economic damages
- Represent you in court, presenting a compelling case to a judge or jury
Contact Our Blue Springs Wrongful Death Attorneys Today
You’ve taken the first step toward seeking justice for your loved one by learning about wrongful death laws in Missouri. Now, it’s time to act.
Consult with a reputable Blue Springs wrongful death lawyer to discuss your case and determine the best course of action. With the team at Foster Wallace, you can face the legal process and fight for fair compensation. Contact us today so we can start assisting you on your path to healing from your loss.
