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What Constitutes “Wrongful Death” in Missouri?

Losing someone whom you are especially close to can feel like losing a piece of yourself, and no amount of compensation can make you feel entirely whole again. If the death was the result of an unanticipated accident, though, filing a successful wrongful death claim may provide some sense of closure by allowing you to hold the liable party financially accountable. It can also protect your family’s financial security in the wake of the loss, which may be essential if you relied on the deceased for financial support.

If you recently lost a relative in a preventable accident and want to pursue justice on his or her behalf, turn to the Columbia wrongful death attorneys at Gump & Faiella. From the moment you enter our office to the day the case is resolved, you will be treated with the utmost empathy, compassion, and professionalism.

We understand that losing a loved one is never easy and that a sizable settlement will not bring him or her back; however, we hope to relieve at least some of your burden by helping you provide for your family following the unanticipated loss. Call 800-264-3455 to schedule a free consultation with an accident lawyer in Missouri.

What Constitutes “Wrongful Death” in Missouri?  

In general, families will have grounds for a wrongful death claim if the deceased would have had a valid personal injury suit had he or she survived. Since the basis of nearly all successful personal injury cases is negligence, that means surviving family members must find a way to demonstrate the liable party owed the deceased a duty of care and then breached said duty, causing the fatal injuries as a result.

In most claims, the duty of care is implied. For example, it is the duty of a motorist to follow all the rules of the road. Likewise, healthcare providers have a duty to their patients to use accepted standards of care. Even in cases where the duty of care is obvious, it is still important to prove that a breach of duty occurred and that your loved one died as a result.

What Kinds of Damages Can You Recover in a Successful Wrongful Death Suit?

If claimants can prove that the defendant breached the duty of care owed to the deceased, they may be able to recover compensation for:

  • Medical bills prior to the death;
  • Pain and suffering experienced by the deceased prior to death;
  • Funeral and burial expenses;
  • Lost wages, benefits, and inheritances;
  • Loss of household help;
  • Loss of consortium; and
  • Loss of companionship.

In certain wrongful death cases, the state of Missouri also allows for the recovery of punitive damages. Unlike compensatory damages, which cover actual and intangible costs incurred by the plaintiff, punitive damages punish defendants for particularly egregious behaviors.

Call 800-264-3455 for a Free Consultation with a Moberly Wrongful Death Lawyer

If you want to pursue justice after losing a loved one in a preventable accident, contact the Missouri personal injury attorneys at Gump & Faiella. We combine the personalized attention of a small firm with the resources of a large practice. Call 800-264-3455 or fill out our Contact Form to schedule a free case evaluation.

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