The loss of a loved one is a tragic event. While the passing of a family member is almost always a life-changing occurrence, an untimely death resulting from another person’s negligence can be particularly difficult to cope with.
Fortunately, Missouri law allows surviving family members or a personal representative of the decedent to seek justice by holding negligent parties liable for causing the wrongful death of someone else. A Kansas City wrongful death lawyer from Thomas Law Offices can help if you are a surviving spouse or another family member of the decedent looking to file a case in civil court for the serious injuries that resulted in that person’s death.
According to the Centers for Disease Control and Prevention (CDC), nearly 170,000 annual deaths in the United States stem from accidents. That same governmental data shows that some of the most common causes of wrongful deaths in this country include:
Other incidents that our Kansas City wrongful death attorneys often see that result in a person’s premature passing include:
No matter what situation resulted in your loved one’s death, it’s important to understand your family’s legal rights and options. Wrongful death laws are established at the state level, so it’s important to work with an experienced local personal injury attorney who will know what statutes apply to your wrongful death claim.
According to the above-referenced Missouri law, wrongful death is the passing of a person that results from “any act, conduct, occurrence, transaction, or circumstance which, if death had not ensued, would have entitled such person to recover damage in respect thereof.” In other words, if your loved one had survived their fatal accident and would have been legally eligible to pursue a personal injury claim, your family also has the right to file a wrongful death claim.
It’s important to understand that not just anyone can file this type of wrongful death claim. Generally, surviving family members would be eligible to do so in order of their closeness to the victim. This includes natural or adopted and legitimate or illegitimate persons.
In Missouri, a surviving spouse or child has the primary ability to file a wrongful death action. When decedents don’t have surviving spouses or children, parents and surviving siblings may qualify to file wrongful death cases on their deceased loved one’s behalf.
If a decedent doesn’t have any direct surviving family members, the court may appoint a plaintiff ad litem—which is someone appointed by the court at the request of the people who are the decedent’s legal heirs. That appointee can then file a wrongful death claim or lawsuit on behalf of the estate.
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To successfully prove a wrongful death case, your personal injury lawyer will help you collect evidence related to the concept of negligence. Negligence, in general, is the disregard for others’ well-being.
If, for example, a person is driving through a green light at an intersection and a speeding car illegally passes through the red light and hits them, the driver who disregarded the rules of the road can be found at fault and held accountable for any of the consequences associated with the auto accident.
As another example, if a physician fails to adequately diagnose a patient in a timely fashion that any other doctor with similar training would have been able to, the initial provider’s deviation from the standard of care could constitute medical negligence. If those delays result in a patient undergoing medical treatment that they didn’t need, which caused a deterioration of their health and their subsequent death, then the physician could face a wrongful death lawsuit for their delayed diagnosis or misdiagnosis.
Attorneys at our Kansas City law firm will often outline the different types of damages clients can recover by filing wrongful death claims if they can establish all the elements described above.
Losses may include pecuniary damages, which refer to financial damages family members incurred due to losing their loved one due to someone else’s negligence.
Examples of economic damages that a Thomas Law Offices attorney can help you file a wrongful death claim to recover include:
Noneconomic damages you may be eligible to recover in the aftermath of your loved one’s wrongful death include:
Economic damages and noneconomic losses aside, punitive damages are also recoverable in wrongful death cases. Unlike economic damages, for example, a judge must award punitive damages. The Court often makes such awards when gross negligence resulted in a fatal accident that caused your loved one’s death, even if there wasn’t any criminal conviction.
If you’ve lost a loved one due to someone else’s actions or inaction, consider getting in touch with a Kansas City wrongful death lawyer from our law firm, Thomas Law Offices, as soon as possible. The earlier you get a wrongful death claim filed, the better your chances are of receiving full and fair compensation for what your loved one and family have been put through.
We understand that you may be uncomfortable with the idea of trying to recover compensation for your familial loss. However, filing a wrongful death lawsuit is important to protect and secure your family’s financial future. Doing so is especially important if you relied on your deceased loved one’s monetary support.
You can count on our Thomas Law Offices attorneys to help you build your wrongful death claim carefully and respectfully. Filing a wrongful death lawsuit is the one way our Missouri legal system allows us to hold the negligent party accountable for their actions.
If you’re ready to pursue a wrongful death claim, schedule a free case evaluation with one of the many experienced wrongful death lawyers at our law firm. We’ll review your situation and help you determine how best to proceed based on your family’s unique circumstances.
Know that since our wrongful death lawyers at our Kansas City law firm, Thomas Law Offices, work on a contingency fee basis, you won’t owe us for our representation of your case unless we recover a settlement for you. Contact us today to learn more about moving forward with your legal claim.
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