The Experience You Need In Wrongful Death Litigation
Losing a loved one is a devastating experience, particularly when the death is unexpected. If your loved one was killed in an accident caused by someone else’s negligence, Pingelton Law Firm is here to help. Attorney Dan Pingelton can explore the circumstances of your case and help you determine if you may have grounds to proceed with a lawsuit. With over 35 years of experience as a personal injury lawyer, he will make every effort to seek justice and compensation on your behalf.
When Is A Wrongful Death Claim Warranted?
In Missouri, a wrongful death lawsuit is appropriate when the death of a victim is a result of an “act, conduct, occurrence, transaction, or circumstance” following which the victim, had they not been killed, would have been entitled to recover damages. In short, wrongful death damages are available when a personal injury claim would have been appropriate.
Most wrongful death claims are rooted in the theory of negligence. This means that the victim died because someone else failed to use the proper care in the circumstances, either by acting carelessly or by failing to take the appropriate precautions.
Legal Requirements To Be Aware Of
Not everyone has legal standing to sue on behalf of a deceased victim. Under Missouri Statute 537.080, the following surviving family members may file a wrongful death lawsuit:
- The spouse of the victim
- The children of the victim
- A parent of the victim
- Brothers and sisters of the victim
- If none of the above exist or pursue a claim, a plaintiff appointed by the court
Only one wrongful death lawsuit may be filed for each victim. If there are multiple family members who pursue such a claim, their cases must be brought together.
Missouri law allows family members to collect damages for funeral and burial costs, loss of consortium, companionship, comfort, and support from the deceased person, medical expenses incurred prior to death, and pain and suffering prior to death. While no amount of money can bring back your loved one, monetary compensation may help ease the financial burden that often arises after such a tragic loss.
In Missouri, a wrongful death lawsuit must be filed in civil court within three years from the date of the victim’s death. Failing to comply with this deadline usually means that the victim’s loved ones lose the right to have their case heard.
Discuss Your Legal Needs In A Free Consultation
There are few things in life that are more painful than losing a loved one. If your loved one was killed as a result of someone else’s negligence, it is important to reach out to an experienced wrongful death lawyer who can give your case the careful attention that it deserves.
Dan Pingelton understands the emotional, psychological and financial toll that a loved one’s untimely death may take on a family. To share your story with him and learn about your legal options in a free initial consultation, call the firm in Columbia, Missouri, at 573-283-0817. You can also reach out online.