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While many personal injury lawyers do handle wrongful death cases, these types of claims differ from a typical injury case. For example, what makes a death claim unique? By reviewing questions that many people have about this area of injury law, you can better understand your own situation. Here’s what you need to know. 

A Guide to Wrongful Death Claims

Is every accidental death a wrongful death?

Since accidents do happen, it’s important to understand that Missouri has defined the term wrongful death in their personal injury statutes. According to the legal definition, wrongful death refers to a death that can be attributed to the negligence or intentionally harmful act of another person, business, or organization. Since the victim cannot file a standard personal injury claim, it’s up to family members to seek damages via a wrongful death claim.

Can any family member file a wrongful death claim?

Each state has different rules on who can file a wrongful death claim. In Missouri, claims can be brought by a spouse, children, and grandchildren of the deceased, but parents of a deceased individual may also be able to file a wrongful death lawsuit. In cases where the deceased person has no surviving parent, spouse, children, or grandchildren, a sibling may file the claim. 

What damages can be claimed in a wrongful death case? 

Personal InjuryExcept in deaths resulting from DUI and auto accidents, wrongful death claims won’t usually seek compensation for property damages. However, these types of claims do seek damages to cover the costs of a funeral and burial or cremation expenses.

If the individual received medical treatment prior to dying, compensation for their health care expenses may also be sought. Additionally, the pain and suffering experienced by the individual before death can be considered, and the wages they would have earned in their lifetime, if they had lived, can also be claimed. Finally, the value of the emotional support and guidance the deceased provided to family members can be included as damages.

Is there a statute of limitations on a wrongful death claim?

As with all injury claims, the plaintiff only has a limited amount of time to file a claim. For a wrongful death claim, that time limit is three years from the date of the individual’s death. If the surviving family members of the deceased don’t file a claim within those three years, they may be ineligible to seek damages at all.

 

Wrongful death claims can be especially complex due to the issues involved, which is why you should consult a personal injury attorney. Coyne, Cundiff & Hillemann P.C. is centrally located in Lake St. Louis, MO, and the firm has been practicing law for more than 75 years in St. Charles County. Each of their attorneys is dedicated to providing personal service to each client. To schedule an initial consultation, visit their website or call (636) 561-5599.

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