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Mexico, MO Wrongful Death Lawyer

Grappling with the tragic death of your loved one due to someone’s negligence is one of the most devastating losses which could befall a family. Nothing could fully compensate for this immeasurable loss. A Mexico wrongful death lawyer works alongside families just like yours who are dealing with a terrible loss.

The idea of pursuing a wrongful death lawsuit may feel insurmountable at this time. A dedicated personal injury attorney at A.W. Smith Law Firm, P.C.  could fight zealously on behalf of your family to hold the negligent party to account for the death of your loved one and would do everything possible to help make the process as free of stress as possible.

Scenarios Which May Give Rise to a Wrongful Death Claim

Wrongful death refers to death caused by conduct, action, transaction, occurrence, or circumstances, which would have qualified the victim to pursue a legal claim for damages if not for their untimely death, per Missouri Revised Statutes §537.080. Scenarios which could give way to a wrongful death lawsuit include:

If a grieving family member is unsure whether they should file a wrongful death claim, a Mexico attorney could provide the legal counsel needed to determine what steps should be taken to protect their family.

Eligible Parties Who Could File a Mexico, MO Wrongful Death Lawsuit

The decedent’s surviving spouse, children, or grandchildren are the first parties in line who would be eligible to file a Mexico wrongful death lawsuit. The law also permits the decedent’s parents to file a claim for damages, such as when the lawsuit involves a child’s death.

In the event a decedent did not leave behind a spouse, children, parents, or grandchildren, the surviving sibling of the victim would be permitted to file a civil lawsuit for damages. If no siblings survive the decedent, the decedent’s personal representative for their estate could file suit.

Finally, when personal representative has not been appointed, the court would designate plaintiff ad litem to bring suit, requested by someone qualified to share the claim proceeds for a wrongful death.

Available Damages

An attorney in Mexico, Missouri could help a family pursue a variety of financial damages in a wrongful death lawsuit. These damages could cover:

  • Medical expenses stemming from the decedent’s last illness or injury
  • Burial and funeral costs
  • Pain and suffering the decedent suffered just before their passing
  • The value of benefits an income the decedent could reasonably have earned had they survived
  • The value of reasonable companionship, comfort, consortium, and other services rendered by the decedent

Furthermore, compensation could be achieved equal to the value for elder or child care provided by the decedent. When the decedent is a child, this value would be determined according to the parent’s income. A skilled lawyer could work closely with grieving loved ones to maximize the damages they could be awarded in a successful lawsuit.

Deadline to File a Claim

Under Mo. Rev. Stat. §537.100, a lawsuit for wrongful death must be commenced not later than three years from the date of the person’s death. If someone fails to follow this statutory deadline and tries to file a lawsuit after three years have passed, the court may refuse to even hear it, thereby barring the claimant from any civil remedy.

Let a Mexico, MO Wrongful Death Attorney Help

A compassionate Mexico, Missouri wrongful death lawyer could hold the liable party responsible for the negligence or misconduct that caused the death of your loved one. An attorney could offer unwavering guidance and support at each stage of the legal process of pursuing a wrongful death lawsuit.

Whenever you are ready, our dedicated team at A.W. Smith Law Firm, P.C., is here to help you seek justice. Call today to get started.