When the death of a loved one occurs, the grief could be overwhelming. It could be difficult to handle financial and legal challenges that lie ahead while mourning the loss of a loved one. Fortunately, our compassionate legal team at the A.W. Smith Law Firm are ready to help your case.
With the guidance and counsel of a Moberly wrongful death lawyer, you could seek justice for your loved one. An experienced personal injury attorney could assist you step by step and help relieve the stress of managing your case. Although no amount of money could replace the loss of a loved one, let us help you seek the compensation you need to move forward.
In the State of Missouri, wrongful death is defined under Missouri Revised Statutes §537.080 as the death of someone that results from any act, conduct, or circumstances which, if the death had not occurred, would have entitled the claimant to recover personal injury damages.
Survivors of the deceased typically bring the wrongful death action on the deceased’s behalf. A seasoned wrongful death lawyer in Moberly could help the decedent’s surviving estate file their claim against the negligent party.
It is not always clear who should represent the deceased’s interests in a wrongful death action. Family members of the deceased could pursue action against the defendant. But each state creates a set of rules that dictate which family members are entitled to bring the action.
In Missouri, the surviving spouse is the first one that is entitled to represent the deceased. Second, the surviving children, then grandchildren. If no spouse, children, or grandchildren, then the surviving siblings. If no surviving siblings, then the representative of the deceased’s estate takes on the case. If a child suffered a wrongful death, the parents would usually pursue the case.
The damages available to wrongful death plaintiffs are similar to those in other personal injury actions. For example, wrongful death plaintiffs may seek compensation for medical expenses incurred by the deceased during their fatal injury or illness. The plaintiffs may also seek pain and suffering that the deceased endured leading up to their death.
In addition to these general damages, more specific wrongful death damages might include funeral and burial expenses, the value of wages the deceased would have earned if they continued to live, and the reasonable value of consortium, companionship, and counsel that the deceased would have provided surviving family. The decedent’s estate has three years from the date of the death to file their case under the statute of limitations. A wrongful death claim lawyer in Moberly could help assist plaintiffs in filing their case within the deadline.
Wrongful death actions could be hard to handle on your own. It could be difficult fighting your case while still grieving. You do not need to handle it all on your own. A Moberly wrongful death lawyer might be able to help. Our dedicated attorneys at the A.W. Smith Law Firm could help you seek justice for your loved one. We have decades of experience helping families seek justice. Whenever you are ready, give us a call.