Losing a loved one unexpectedly is a devastating experience that many people never get over. The experience is even more traumatic when the death was caused by someone else’s negligence.
If you are in this situation, you might have grounds for a wrongful death claim. A wrongful death claim is based on negligence, as with a personal injury claim.
How the law defines wrongful death
Missouri law states that a wrongful death occurs when someone dies due to any action, conduct, event or circumstances that would have allowed them to recover compensation through a personal injury lawsuit.
A wrongful death claim can be filed when an individual or entity engages in intentional or negligence acts that cause someone’s death.
The law only allows certain individuals to file a wrongful death claim. These include the victim’s surviving:
- Spouse
- Natural or adoptive children
- Natural or adoptive parents
- Descendants of children
If there is no one in any of these groups, surviving siblings, nieces and nephews can file a claim.
What types of damages are available?
There are several types of damages you can potentially recover in a wrongful death claim. Some include funeral and burial expenses, medical expenses to treat the victim’s injuries and lost wages the victim would have earned.
Additional potential damages include compensation for the pain and suffering of the victim before they died and loss of companionship the victim would have provided.
A wrongful death lawsuit is a civil case, not a criminal case. You may believe if the person responsible for your loved one’s death is criminally charged you do not need to file a wrongful death lawsuit.
However, since they are two different areas of law, criminal charges and a wrongful death lawsuit can be brought at the same time. You can also still file a wrongful death lawsuit if no criminal charges are brought.
One advantage to a wrongful death lawsuit is a lower burden of proof. Criminal charges must be proved beyond a reasonable doubt, but wrongful death lawsuits must be proved by a preponderance of the evidence.
This means wrongful death lawsuits are generally easier to win. One of the most obvious benefits to a wrongful death lawsuit is the compensation you could potentially receive.
While you might feel a sense of justice if the responsible party is found criminally liable and sentenced to jail or prison time, a criminal conviction is not going to help you financially when you need it most. A wrongful death usually leaves the victim’s loved ones struggling financially for years to come.
The statute of limitations
If you believe you have grounds for a wrongful death claim, it is important to file it within the statue of limitations. In Missouri, this is within three years of the victim’s death.
While you may not be mentally or emotionally ready to become involved in a complex legal proceeding, missing the statute of limitations will bar you from filing a wrongful death lawsuit. Additionally, an insurance company will likely not pay you anything in a settlement.
Once you file your wrongful death claim, the legal process and negotiation may take time. You are likely to still be grieving, but getting the claim filed in time can relieve you of the burden of worrying about the statute of limitations and allows you to focus on healing while the remainder of the process plays out.