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Losing a loved one is difficult, but when it’s a wrongful death, the loss feels even more frustrating and painful. How do surviving family members deal with the situation? Here’s what you should know about your rights in pursuing such cases and how personal injury lawyers can help.    

What Is a Wrongful Death?

Generally, a wrongful death is one in which someone passes away due to someone else’s actions or failure to act when they had a duty to do so. In Missouri, when circumstances result in death and the deceased person could have filed a personal injury claim if they had survived, their passing is likely a wrongful death.  

Who Can File a Suit?

wrongful deathPersonal injury lawyers in Missouri file wrongful death lawsuits for clients based on the survivor’s relationship to the deceased. The first priority goes to the deceased’s spouse, their father or mother, or natural or adopted children. If one of those individuals cannot bring the action, then brothers or sisters of the deceased or their descendants can file. If they cannot proceed, heirs of the deceased can ask the court to appoint a plaintiff to file the lawsuit.

What Kinds of Damages Can Be Recovered?

Personal injury lawyers pursue several types of damages for wrongful death actions on behalf of their clients. Individuals can recover funeral expenses, amounts for the deceased person’s pain and suffering between the injury and death, and financial losses suffered due to the death, including loss of income. Compensation also includes the reasonable value of lost consortium, companionship, guidance, teaching, and services to the family. 

 

Attorney Thomas M. Mingus, Jr. at  Mingus Law Office in Columbia, MO, offers Boone County-area residents vigorous representation in personal injury and wrongful death cases. Backed by 25 years of successful outcomes, attorney Mingus helps clients achieve closure and obtain the best possible results in claims for damages after losing a loved one. To schedule a free consultation with this compassionate and skilled personal injury lawyer, call (573) 443-5202 or visit him online.

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