Thomas Law Offices can provide legal options to families who have lost a loved one because of the negligence of others. Losing a loved one is a tragedy, especially when their life is cut short because of a preventable accident. We understand how difficult this time can be for you and your family. If negligence caused your loved one’s death, you may have grounds for a claim. A St. Louis wrongful death lawyer from our firm will fight for you to get justice for your loved one.
A wrongful death claim will require evidence that shows how the other party owed your loved one a duty of care, how the other party acted negligently, how their negligence caused an accident, and how that accident resulted in fatality. To do this, our lawyers are prepared to carefully investigate your case, consult with experts if necessary, and gather the evidence that will help you and your family get a full recovery.
How Does Negligence Cause Fatalities?
Negligence can lead to fatal accidents. Some of these accidents can happen at work, at home, or on the road. Our lawyers are familiar with the following types of accidents that can be fatal:
- Motor Vehicle Accidents. Negligent drivers can cause car accidents or truck accidents that result in fatalities. A driver who doesn’t pay attention to the road, disobeys traffic laws, or is intoxicated when they’re behind the wheel can cause accidents that cost others their lives. Our lawyers have experience in investigating motor vehicle accidents to find out who was negligent and how their actions caused the accident.
- Medical Malpractice. Medical professionals are supposed to help patients heal. However, when they’re negligent, their mistakes can be fatal. A negligent surgeon could make a mistake during a procedure. Someone could administer a drug that the patient is allergic to or give them the improper dose. These cases can be incredibly complex. Our medical malpractice lawyers can help.
- Defective Products. Auto parts, household appliances, and children’s toys have the potential to have harmful defects. If a product caused your loved one’s death, our lawyers are ready to hold the negligent party accountable for their actions. This could be a manufacturing company. While this can seem intimidating, our lawyers are prepared to show them how their negligence was unacceptable.
- Workplace Accidents. When negligence is in the workplace, those who are working there are at risk of sustaining serious or fatal injuries. Those who work around heavy machinery such as manufacturing factories and construction sites could lose their lives if there weren’t proper safety precautions in place to protect them from harm. Equipment could malfunction, someone could make a mistake while using heavy machinery, or they may not have the safety equipment necessary for safety like a helmet or mask.
While it can be painful to go over what happened to your loved one, our lawyers will need to assess the evidence to build a strong case. Our lawyers will help you give your loved one a voice and hold the other party accountable for their actions.
It’s important to understand how wrongful death cases work. Let’s start with eligibility to bring a case forward.
Who Can File for Wrongful Death?
When you’ve lost a loved one, it can be a confusing time. You’re handling a lot of responsibilities while also grieving. Having a legal matter to deal with can seem like too much. Our lawyers are here to stand at your side and help guide you through the legal process. Part of that is understanding which laws apply to your case. We can explain how the process works and what to expect.
According to Missouri Law, there are certain people who are allowed to bring a wrongful death claim forward. They are:
- The spouse, children, or surviving lineal descendants of any deceased children can bring a wrongful death claim forward. It’s important to note that children can be natural or adopted, legitimate or illegitimate. The father or the mother of the deceased can also bring a claim forward, whether they’re related by blood or adoptive parents.
- If no one in the points mentioned above applies, then the deceased’s siblings or descendants can file a wrongful death clam. They need to be able to establish their right to damages because of the death.
- If there isn’t anyone in the second section, then a plaintiff ad litem can bring a case forward. They will be appointed by the court.
If you have any questions about filing a wrongful death claim, our lawyers are here to answer your questions. We’ll also explain how a wrongful death case can provide some help for you and your family. Let’s look into what compensation for a wrongful death case can cover.
What Are the Recoverable Damages in a Wrongful Death Case?
We understand how these cases can be emotionally difficult. It can seem like too much to take on a legal matter when you’re grieving for a loved one. It may help to think of the wrongful death claim as the personal injury claim your loved one would have filed had they survived the accident. Our lawyers can go over the damages you and your family can possibly recover.
In Missouri, you can recover the following damages:
- Funeral Expenses
- Loss of Consortium
- Loss of Companionship
- Loss of Guidance, Instruction, Counsel, Training
- Loss of Support
When our lawyers are representing you, we’ll make sure to seek compensation for all the losses you’ve suffered because of the loss of your loved one. For example, if your loved one had survived the accident, they may have recovered for their medical expenses. If your loved one was in the hospital or received treatment for a period of time before their passing, you may have extensive medical bills to pay. We’ll review the medical records and fight for you to recover those damages.
If you depended on your loved one financially, suddenly losing that financial support can be overwhelming. You may wonder how you’re going to continue supporting yourself and your family. We can also seek compensation to cover these losses as well. Our lawyers will look into what your loved one would have earned had they continued to work. We’ll make sure your compensation can provide you with some peace of mind.
What Is the Statute of Limitations for Wrongful Death in Missouri?
It’s important to come forward as quickly as possible when you’re filing a wrongful death claim. This can help preserve physical evidence that can help your case. It also ensures that you’re going to be within the given time limits to file. In Missouri, there is a three-year statute of limitations on wrongful death claims. This means you have three years from the date of your loved one’s death to file a claim. If you wait until you’re outside of this time limit, you will likely be ineligible to recover damages.
While three years sounds like a long time, know that the legal process takes time. You want to be able to come forward with a strong case and not feel rushed. We understand you’ll be grieving during the time a St. Louis wrongful death attorney from our firm is representing you. We’re compassionate, determined lawyers who will do everything we can to help you get the compensation you deserve. The sooner you begin the process, the sooner we can begin fighting for your loved one.
Seek Your Options with Thomas Law Offices
When you’ve unexpectedly lost a loved one, it can feel like your world has suddenly stopped. While you’re trying to grieve for your loved one, you’re trying to make final arrangements, keep up with your other responsibilities like paying bills and putting food on the table, and seeking justice for your loved one. This can be overwhelming to anyone—but you do not have to do this all on your own.
A St. Louis wrongful death lawyer from Thomas Law Offices can help ease this burden. We’re well-versed in wrongful death law and will do whatever we can to help you fight for your loved one. We’re ready to hold the negligent party accountable for their actions and will fight for you to recover compensation for their loss. We know that this cannot undo the tragic accident that occurred but having this financial security can provide great peace of mind. Knowing you have this security can allow you to grieve in peace.
We also are prepared to take your case to trail if necessary. If this is the way to get you the compensation you’re rightfully eligible to recover, then we’ll represent you in the courtroom. We’ll help you prepare as well and answer your questions so you’ll know what to expect when taking your case to court.
Begin your legal journey today and get in touch with Thomas Law Offices. When you call us, we’ll schedule an obligation-free consultation where we can discuss what happened and how we can help you. We’ll go over the legal options you have so you and your family can get the recovery you deserve.