Losing a loved one is an emotionally overwhelming experience, often leaving you unsure of what steps to take next. Are you eligible to file a wrongful death claim? Can the responsible party be held accountable? These frequently asked questions (FAQs) aim to provide clarity and guidance on the basics of wrongful death claims. Be sure to consult with an experienced wrongful death attorney to address your specific situation.
What is a wrongful death claim?
A wrongful death is when someone dies as a result of another’s wrongful actions whether those actions are done intentionally or accidentally. Wrongful death is the basis for a lawsuit against those responsible for the loss. Wrongful death claims can arise out of almost any kind of personal injury.
Who can file a wrongful death claim in the state of Missouri?
Missouri has specific rules regarding who may bring a wrongful death claim. In priority order:
Who has the burden of proof in a wrongful death claim?
You, the plaintiff, have the burden of proof when you file a claim.
What are the basic elements of a wrongful death case?
To establish a wrongful death claim, you must prove the following:
Of course, there is more to a wrongful death suit than these basic elements. The plaintiff must meet the same burden of proof that the deceased would have had to meet had he or she lived. Additional elements may arise based on the cause of death. In a case of negligence, the deceased’s family would have to show that:
Elements in a wrongful death claim may vary. An experienced attorney will provide legal guidance based on your situation.
Are all state laws the same concerning a wrongful death?
No. wrongful death laws vary by state. Differences may include statutes of limitations, eligible claimants, and damages available. This is why consulting a local attorney familiar with your state’s wrongful death statutes is vital.
Can a claim be brought based on the death of a child?
Yes; however, damage awards are often modest in these cases.
What damages can you get in a wrongful death case in Missouri?
Monetary damages differ from state to state; however, in Missouri, in most cases, there is no cap on the amount of recovery. Damages can be awarded for:
Are there time limits for bringing a wrongful death claim?
Yes, Missouri law imposes a three-year statute of limitations for wrongful death claims. If a lawsuit is not filed within this time frame, you may lose your right to pursue compensation.
Does filing a lawsuit mean the case goes to court?
There is always the chance that a lawsuit of any kind will have to be settled in court; however, filing a lawsuit does not mean it has to go to court.
When choosing an attorney, ensure they are capable of effectively representing your interests before a judge and jury if necessary
How do attorneys charge for a wrongful death case?
Wrongful death cases are typically handled on a contingency fee basis. That means that you will pay a defined percentage of the amount recovered and the percentage can vary depending on the circumstances of the case. No money is paid upfront and your lawyer’s firm will usually pay all necessary out-of-pocket expenses. This is a question to address as you are interviewing candidates.
What do you want in a wrongful death attorney?
The law can be complicated so it is in your best interests to obtain the services of an attorney knowledgeable and experienced in wrongful death claims. You want someone who has a:
At Nash & Franciskato, we offer personalized legal service and compassionate advocacy. We bring:
Missouri’s statute of limitations means you only have three years to file a wrongful death claim. Seeking the guidance of an experienced attorney ensures you don’t miss this critical deadline. With the support of Nash & Franciskato, your chances of a favorable 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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Past results afford no guarantee of future results and each case is different and is judged on its own merits. The choice of a lawyer is an important decision and should not be based solely on advertisements.
Editor’s Note: This post was originally published on April 23, 2020. It was reviewed on September 27, 2023, and again on March 21, 2025, for content and accuracy and re-published.
