A wrongful death action can provide compensation to the deceased’s family for damages and financial burdens they may have incurred with the loss of a loved one. A survival action is a method for the family to pursue a personal injury claim on behalf of their deceased loved one.
KC Road Lawyers understands that the loss of a loved one is painful and dealing with the repercussions can be overwhelming. We have extensive knowledge of the Missouri laws governing wrongful death and survival actions and the experience to help you through a wrongful death and survival action.
Potential Grounds for a Wrongful Death Case
In a wrongful death case, the cause of death must directly link to the negligence or harmful intent of another person. In addition, the family’s monetary suffering must be linked to the death.
Who Can Legally File a Claim
Not just anyone can file a wrongful death action, and considerations must be made to determine who has the legal rights and who is best suited to file the claim. Typically, the best candidates to file the suit are as follows (in this order): the surviving spouse, children, parents, siblings, children of the deceased siblings, grandparents. Only one wrongful death case can be claimed.
Types of Compensation
There are two types of compensation, pecuniary and non-pecuniary. Pecuniary damages are economic (financial) damages suffered by the victim and their family. Non-pecuniary damages are the non-tangible damages suffered. Punitive damages may also be awarded to the family if the cause of death is proven to be a result of the malicious act of another person.
Pecuniary damages may be awarded for the financial losses the victims and their families incurred at the time of the accident up until the time of death. For example, medical bills and lost wages incurred during hospitalization are expenses that the deceased could have claimed if he or she had lived to file a personal injury claim.
Non-pecuniary damages are intangible, non-economic/non-financial damages suffered. Non-economic losses include bereavement of the loss (i.e. mental anguish, pain, suffering) and loss of care, loss of comfort, loss of parental advice, loss of guidance, loss of affection, and loss of consortium (i.e. companionship).
Considering Legal Action
A wrongful death lawsuit may be the only way to hold the wrongdoers accountable for their actions in cases where prosecutors have not filed criminal charges, which is sadly a common occurrence.
The loss of a loved one brings significant emotional trauma and financial burdens, which may make it difficult to think about compensation or to consider legal action.
Should you or your family have the need to consider legal action, file a wrongful death claim or survival action, there is no question that only an experienced attorney should be hired to help you navigate the claims process. KC Road Lawyers has the resources, dedication, and compassion to fight for you and help get the compensation you and your family deserve.
Call Day or Night for an Experienced Wrongful Death Attorney
If you have any questions about wrongful death suits in Missouri or would like a free consultation, contact attorney Chris Benjamin at KC Road Lawyers by calling 816-425-2420 or navigating to our contact page for a consultation at the firm’s Lee’s Summit or Butler Missouri offices.