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Who Can File a Wrongful Death Lawsuit in Missouri?

Wrongful Death Lawsuit in Missouri

The unexpected loss of a family member is one of life’s most tragic events and can cause a major emotional crisis. A death in the family can also lead to financial uncertainty due to medical bills and the loss of income. If a person dies as a result of another person’s or company’s negligent actions, though, surviving loved ones may have grounds for a wrongful death lawsuit.

Unfortunately, recovering fair compensation in a wrongful death claim can be extremely challenging. One misguided statement to the insurance company could be all it takes to derail your case. To find out if you have grounds for a claim and to determine the best way to proceed, contact Gump & Faiella.

Our Missouri wrongful death attorneys have more than 90 years of combined experience practicing law. We know what’s at stake, and we will vigorously help you fight for the compensation you need to cover your family’s losses. Call us today at 800-264-3455 for a free consultation.

Who Can File a Wrongful Death Lawsuit in Missouri?

Missouri law allows the spouse, adopted or biological children, or parents of the deceased to file a wrongful death lawsuit. Grandchildren may file the lawsuit in certain circumstances.

If the deceased had no surviving spouse, children, or parents, siblings or other members of the deceased’s extended family may file the lawsuit. If none of these parties is available, the court may appoint a plaintiff ad litem to file the lawsuit.

How Much Is My Wrongful Death Lawsuit Worth?

  Damages awards in wrongful death lawsuits can be substantial, especially when the deceased was a primary source of income for his or her family. There are many factors that affect damages awards in these cases including:

  • The value of benefits and wages the deceased would have earned had he or she survived;
  • Funeral and burial expenses;
  • Pain and suffering endured by the deceased;
  • Healthcare expenses arising from the deceased’s fatal illness or injury; and
  • Loss of services, companionship, instruction, consortium, counsel, support, training, guidance, and comfort the deceased provided to surviving family members.

If the deceased did not have full-time employment and was at least 50% responsible for the care of a disabled person, minor, or elderly person, the value of this care will be calculated at 110% of the state’s average weekly wage when the death occurred. When a person under the age of 18 is a victim of wrongful death, “lost wages” are calculated based on the average annual income of his or her parents.

Discuss Your Case with a Missouri Wrongful Death Lawyer Today!

If your family member was a victim of wrongful death, contact Gump & Faiella to discuss your case. Our personal injury attorneys will help you identify all liable parties, gather evidence to prove negligence and liability, and ensure your claim includes all damages to which you may be entitled.

Our lawyers have won several multimillion-dollar verdicts for clients throughout Missouri. Call us today at 800-264-3455 or send an email to info@tgflaw.com to schedule a free initial consultation.

 

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