When you’ve lost a loved one due to someone else’s carelessness, a wrongful death claim can be a powerful tool for holding the liable parties accountable. While no amount of money can replace a family member who’s gone, the damages can minimize the financial stress and allow survivors to focus on rebuilding their lives. Here are some answers to common questions you might have about these often-misunderstood lawsuits.

What You Need to Know About Wrongful Death Claims

What qualifies as a wrongful death?

Wrongful death suits are a type of personal injury claim, so almost any situation in which someone’s negligence causes a loss of life may qualify. Auto accidents are a common cause of wrongful death actions, but you may also be able to sue if your family member was fatally injured by a defective product, medical malpractice, or even intentional malice.

Can I file a wrongful death claim if prosecutors didn’t file charges?

The criminal justice and civil court systems are completely separate, so you can pursue legal action even if prosecutors couldn’t get a conviction. In fact, because the standards of evidence are looser in civil court, a wrongful death claim may be the only way to achieve justice in some cases.

Who may bring a wrongful death action in Missouri?

Each state limits who may file a wrongful death action on behalf of a lost loved one. In Missouri, the right to sue is given to the surviving spouse, children, or parents of the victim. If the decedent was unmarried and has no surviving parents, the power is granted to any siblings or their descendants.

What damages are available?

Damages in wrongful death cases should include any medical expenses incurred before the victim passed away, the pain and suffering they endured, and their lost wages. You may also receive compensation for your own emotional trauma, loss of consortium, and diminished quality of life.

If you’ve lost a family member due to the carelessness or malice of someone else, The Law Office of Christopher J. Swatosh will fight to recover the compensation you deserve. From their offices in Ava and Ozark, they’ve represented victims and their families throughout south-central Missouri for over 20 years, establishing a reputation for attentive service and reliable results. Call (417) 683-2987 in Ava or (417) 582-5297 in Ozark to discuss your wrongful death claim with a professional.