Have you lost a loved one in Missouri due to the negligence or intentional conduct of another? If so, Missouri permits you to recover wrongful death damages. A qualified Joplin, Missouri wrongful death lawyer works to assist you in recovering from your loss.
No amount of money brings back your loss. But recovering wrongful death damages in Missouri may ease the financial burden you are experiencing.
What Is Wrongful Death in Missouri?
Wrongful death in Missouri occurs when someone dies due to any “conduct, occurrence, transaction, or circumstance” and had they survived, Missouri law would have permitted them to seek damages through a personal injury claim. The law deems a death wrongful if caused by the intentional wrongdoing, recklessness, or negligence of another.
Who Can File a Wrongful Death Claim?
Your wrongful death lawyer in Missouri works with you to file your claim for wrongful death. But before you begin, you may wonder who can file a wrongful death claim in Missouri. Missouri law sets out specifically who may file a wrongful death claim and prioritizes their right under the law.
The first category of individuals who may file a wrongful death claim in Missouri is the surviving spouse, children, or grandchildren of the deceased. Your Joplin wrongful death lawyer will inform you that the law also includes parents in this first category. For example, where a child’s life is tragically lost, their parents may file a wrongful death claim.
The second category of individuals includes more complex criteria. A sibling may file a wrongful death claim when no surviving spouse, child, grandchild, or parent exists. If no surviving siblings exist, then the descendant of any sibling may file a claim. If there is no descendant of a surviving sibling, a party may file a wrongful death claim as a personal representative of the deceased person’s estate.
Furthermore, a condition exists if no personal representative of the deceased person’s estate steps forward to file the claim on behalf of the estate. In this situation, an individual may petition the court to appoint a “plaintiff ad litem” to file the wrongful death claim.
Sound complex? That’s why it’s vital to contact a wrongful death lawyer in Missouri to carefully review these categories and determine your position under the law. Wrongful death claims represent a particularly complex area of law requiring the assistance of a wrongful death attorney in Missouri.
What Are Missouri Wrongful Death Damages?
A wrongful death attorney in Missouri advises clients on what may be recoverable for their wrongful death claim. Eligible parties that file a wrongful death claim may recover both economic and non-economic damages.
Economic damages include a range of death-related expenses, including:
- Medical expenses,
- Funeral costs,
- Loss of income.
Non-economic damages are less easily calculated. They relate to your emotional losses and can include the:
- Loss of love and companionship,
- Loss of guidance,
- Loss of support, and
- Loss of consortium.
Non-economic damages represent a complex area of recovery as they represent more subjective losses. It’s difficult to put a price on emotional pain. However, courts often award non-economic damages in an amount related to the deceased person’s pain and suffering before their death.
A just calculation of your losses requires the assistance of an experienced wrongful death lawyer in Missouri. Your recovery will never replace the pain of your loss. But it’s essential to receive just compensation for the financial and emotional burdens that resulted from the loss of your loved one.
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How Can A Joplin Wrongful Death Lawyer Help Me?
When researching wrongful death claims you may wonder, Where can I find a wrongful death lawyer near me? The Cottrell Law Office focuses its practice on assisting clients with personal injury and wrongful death claims due to the negligence or intentional misconduct of another.
With over 32 years of experience, Attorney Wes Cottrell works closely with all clients to achieve the best possible solution. We understand the difficulty you must be facing in this period of unimaginable grief.
Let The Cottrell Law Office get to work for you, so you can focus on your recovery and path forward. Contact us today to discuss your case.