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Damages Recoverable in Missouri Wrongful Death Claims

If you think estate planning is only for senior citizens or those who have been diagnosed with a terminal illness, you are not alone. According to the American Association of Retired Persons , 60 percent of American adults have not drafted an estate plan. Unfortunately, accidental injuries are the third leading cause of death in the United States, and victims are often healthy individuals.

CBS News reports that the rate of accidental deaths rose more than 15 percent between 2004 and 2014, despite a 22-percent decrease in car crash fatalities since 2005. Losing a family member is never easy, but it can be especially challenging—both emotionally and financially—if the death was unanticipated.

If you lost a loved one in a preventable accident and you want to hold the liable party accountable, turn to Gump & Faiella. Our personal injury attorneys will review your case for free to determine if your family has grounds for a wrongful death claim.

We help clients in Moberly, Columbia, and throughout Missouri. Call 800-264-3455 to schedule a free case evaluation with a wrongful death lawyer.

Damages Recoverable in Missouri Wrongful Death Claims

Under Missouri statute 537.090 , certain family members may be able to recover compensation for the following damages by filing a successful wrongful death claim:

  • Pecuniary losses as a direct result of the death;
  • Funeral expenses;
  • Damages the deceased incurred between the time of injury and time of death; and
  • Loss of consortium, companionship, comfort, guidance, and counsel.

In most cases, there are no limits on the total amount of actual damages that a claimant can recover; however, there is an exception in suits involving medical malpractice. For such claims, the state caps non-economic damages, such as loss of consortium, at roughly $400,000, or $700,000 for catastrophic injuries. The precise amounts are adjusted annually for inflation.

In addition to the compensatory damages listed above, claimants may also be able to recover punitive damages in some circumstances. In general, punitive damages are awarded in cases involving willful negligence or malicious intent.

How Do You Calculate the Value of Non-Economic Damages?

There is no set formula for calculating non-economic damages in wrongful death cases. Instead, various factors will come into play, such as the nature of the deceased’s relationship with the claimant, how close they were prior to the accident, and how the death is going to affect the claimant’s daily routine.

Discuss Your Case with a Wrongful Death Lawyer in Missouri Today!

If your family member died because of someone else’s negligence, contact Gump & Faiella to discuss your case. We are happy to meet with you in our offices or at your home.

We have won several multimillion-dollar jury verdicts and settlements in cases against large corporations and top insurance companies. Our law firm has the resources, experience, and legal strategies to represent your interests during every stage of the proceedings. Call 800-264-3455 or fill out our Contact Form to schedule a free consultation with a wrongful death attorney in Missouri.

 

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