Losing a loved one is hard, but when they are taken due to someone else’s negligent or harmful behavior, it can feel insurmountably unfair. While it won’t bring your spouse, child, or parent back, filing a wrongful death claim can ensure the person or group who took them away is held responsible. 

What Is a Wrongful Death Claim?

When someone is killed due to the negligent or wrongful acts of another, the family of the deceased can file a wrongful death lawsuit against the individual deemed responsible. For instance, if a driver ran a red light and crashed into your loved one’s vehicle, you can file a claim to recover compensation for losses or suffering that have incurred since the passing. 

If you believe you have a wrongful death claim, you’ll have to first prove that the defendant was involved in the accident. Next, you’ll have to show that their breach of duty of care—the legal obligation to act reasonably and responsibly—was responsible for your loved one’s death. Finally, you’ll have to prove how the death has incurred expenses or suffering—such as funeral costs, loss of financial dependence, or loss of care or companionship.

Who Can File a Wrongful Death Claim?

Each state has its own laws regarding who can file a wrongful death lawsuit. In Missouri, the deceased’s spouse, children, or parents are the first ones allowed. Next, any existing siblings would be given the right. If there are no existing relatives, a personal representative of the estate can file. In the event there is no representative, the court can name someone, who is entitled to shared compensation, as “plaintiff ad litem.” However, all parties will only have up to three years after the accident to file the claim. 

If you’ve lost a loved one because of another individual’s actions, contact the law firm of Henry & Williams P.C. These personal injury and wrongful death lawyers have over 75 years of combined legal experience. They have developed a solid reputation for providing high-quality and personalized representation in West Plains, MO, and across the state. Speak to one of their trial attorneys today by calling (417) 256-8133 and visit their website to learn more about their process and past results.