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Two Pershing Square
2300 Main Street, Suite 170
Kansas City, MO 64108
When the death of a loved one is due to a wrongful or negligent act by another, you may have a wrongful death claim.
In Missouri, a wrongful death is defined as: “the death of a person result[ing[ from any act, conduct, occurrence, transaction, or circumstance which, if death had not ensued, would have entitled such person to recover damages in respect thereof.” (Missouri Statutes section 537.080)
In plain English that means, someone (a person) causes the death of another through negligent or intentional actions. In such a case, the survivors of the deceased may be able to file a wrongful death claim.
What can result in a wrongful death?
Missouri has specific rules regarding who may bring a wrongful death clam, and they fall into three categories (ranked in priority order):
A plaintiff may only sue under the second (or third) category if no one can fulfill the first (or second) category.
Damages can cover a wide range of losses; however, common types of losses for a wrongful death claim include:
Missouri has a time limit on the filing of a wrongful death claim, which is three years from the date of the decedent’s death. If filed after that date, the court will likely not hear your case. Seeking the advice of a wrongful death attorney can help you navigate the complexities and ensure you file within the statute of limits. With the help of a personal injury lawyer the odds of a successful outcome increase.
Contact the capable counsel at Nash & Franciskato. One of our experienced staff will speak with you personally and will provide you with a free, no-obligation case evaluation.
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