St. Louis Wrongful Death Lawyers Support Grieving Families
Missouri attorneys recover financial compensation for fatal accidents
The most tragic accidents are those that result in death. Families who suffer such a loss are beset with grief, and the thought of taking legal action may not be forefront in their minds. However, survivors may be entitled to recover financial damages from the parties responsible for causing the death. If you have lost a loved one in a fatal accident, a St. Louis wrongful death lawyer at the Guirl Law Firm will investigate your case and pursue all legal remedies to win you the compensation you deserve.
Who can file a wrongful death lawsuit?
The first question you might have is whether you are eligible to file a wrongful death action. Missouri law gives preference to individuals who were close to the decedent, according to the following categories:
- First priority — A spouse, any children, any surviving descendants of a child who predeceased the decedent, and the parents of the decedent.
- Second priority — If no persons qualify for the first group, the law allows the decedent’s siblings and their descendants to file.
- Third priority — If no persons qualify for the first two categories, a plaintiff ad litem may file on behalf of anyone else who is entitled to a share in the proceeds of the wrongful death action.
There can be only one action for a decedent’s wrongful death, but multiple eligible plaintiffs can join.
Requirements to win a St. Louis wrongful death lawsuit
A plaintiff suing for wrongful death must prove the following elements:
- Duty — The defendant had a duty to exercise reasonable care towards the decedent.
- Breach — The defendant breached the duty of care by actions or omissions that were negligent, reckless or deliberately intended to cause harm.
- Causation — The breach of duty led directly to the decedent’s death.
- Damages — The death resulted in tangible losses.
Liability for wrongful death in Missouri
To prove a defendant liable, the plaintiff’s attorney must prove it is more likely than not that a defendant breached their duty of care and directly caused the decedent’s death.
For example, in a fatal drunk driving accident, the drunk driver has breached his duty to operate his vehicle with care on the public roadway. If his alcohol-impaired condition is shown to have caused the accident and death, the driver can be held liable for losses suffered by the decedent’s family.
As another example, a St. Louis medical malpractice lawyer would have to prove that:
- A medical professional provided substandard care
- That care included an error that a reasonably qualified and careful professional would not make
- The mistake caused death
Such a case would have to rule out a cause of death unrelated to the mistake.
Damages awarded in successful wrongful death cases
Wrongful death damages must be related to some financial loss the person bringing the claim has suffered due to the decedent’s death. Damages can include the following:
- Funeral or burial expenses
- The value of the decedent’s services, consortium, companionship, comfort, instruction and support
- The decedent’s lost earnings
In addition, the lawsuit can recover damages that the decedent could have pursued in a personal injury action had he or she survived. These include medical bills arising from the accident and any conscious pain and suffering from the moment of the injury to death.
In cases where a defendant’s conduct was particularly egregious, a court can award punitive damages.
Contact a compassionate St. Louis lawyer for a free wrongful death consultation
The Guirl Law Firm represents grieving families who have lost loved ones in wrongful death accidents in Missouri. Please call 314-391-2585 or contact us online to schedule a free initial consultation.
