St. Louis Wrongful Death Lawyer

The loss of a loved one creates a void in your life. Not only do you miss their presence, you may have to change the way you handle everyday tasks or manage financial matters after that loss. When someone else’s negligence causes the loss of a loved one, you may face further complexity as you deal with the insurance company over a wrongful death claim. Working with a St. Louis wrongful death lawyer can help you learn more about your rights and maximize the compensation you can recover for your loss. While a personal injury attorney cannot restore your loved one to you, it can provide your family with much-needed funds during this difficult, chaotic time.

The Essentials of Wrongful Death Claims

Surviving family members can file a wrongful death claim when someone else’s negligence causes a loved one’s death. A St. Louis wrongful death lawyer will carefully examine several factors to determine who bears liability for the loss.

• Who bore a duty of care to the deceased individual at the time of the incident? That can include anyone who should have taken steps to prevent an accident, including an employer, another driver on the road, or the owner of a property.
• How was the duty of care breached? Violations can include errors like texting and driving or failing to warn the deceased about a possible danger.
• How did that violation lead to the deceased’s injuries and, eventually, death? Causation serves as an important element in many wrongful death claims.

The family can file a wrongful death claim even when the individual did not die immediately of their injuries, as long as the injuries served as a direct cause of the individual’s death.

The Statute of Limitations in Wrongful Death Claims

In Missouri, the statute of limitations allows for three years after the date of death for the surviving family to file a wrongful death claim. However, the family should not allow substantial time to pass before getting in touch with a lawyer, since a lawyer can help deal with insurance companies and other challenges immediately after a loved one’s loss.

Compensation in Wrongful Death Claims

A wrongful death lawyer cannot promise what compensation a St. Louis family can recover after the loss of a loved one. However, claims for accidental death usually include compensation for:

• The deceased’s funeral and burial expenses
• The loss of the deceased’s income
• The loss of services the deceased performed for the family
• The loss of the deceased’s presence in the family’s life

A lawyer can go over the specific damages suffered by the family, including quantifying non-financial losses, and make it easier for the family to determine how much compensation they should expect for those losses.

Who Can File a Wrongful Death Claim?

The closest family member to the deceased, in terms of family relations, will have the right to file a wrongful death claim in St. Louis, MO after the loss of a loved one. That starts with the deceased’s spouse. If the deceased is not married, their children will have the first right to file a claim; and if the deceased has neither spouse nor children, their parents may have the right to file a claim. In some cases, where those direct family relationships do not exist, the deceased’s estate may file that claim.

Contact a St. Louis Wrongful Death Attorney to Discuss Compensation for an Untimely Loss

If you lost a loved one due to another party’s negligence, a St. Louis wrongful death lawyer can help you pursue compensation. We know this is a difficult time and we want to make it easier by taking the complicated legal challenges off your plate. Contact McCready Law Injury Attorneys today for a free consultation to learn more about your rights.