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If your loved one died because another party failed to exercise reasonable care, you may have grounds for a wrongful death suit. Taking legal action could yield the funds needed to provide for your family in the wake of tragedy. Here are the answers to some of the most frequently asked questions about such suits, so you can determine how best to proceed. 

A Basic Guide to Wrongful Death Suits 

What constitutes wrongful death?

Missouri defines this concept as death that results from another party’s negligent behavior or intentional misconduct. If the deceased would have had grounds for a personal injury suit had they survived, eligible beneficiaries may proceed with an action.  

Who may file a lawsuit?

While an accidental death can certainly impact dozens of people, only a handful of individuals are entitled to take legal action. In the state of Missouri, potential claimants include the deceased’s surviving spouse, children, parents, and siblings, in that order. 

How long do I have to proceed to court?

wrongful deathIf the opposing party disputes liability or refuses to offer a fair settlement during the initial claims process, your family has a limited amount of time to file a formal lawsuit. The standard statute of limitations for wrongful death cases in Missouri is three years. 

What kinds of damages are recoverable?

Eligible beneficiaries may seek compensation for funeral and burial expenses, as well as lost income and benefits. They may also pursue funds for loss of companionship, guidance, counsel, and comfort. If the deceased did not die immediately, any costs or damages they incurred following the accident are also recoverable. 

 

To see if your family has grounds for a suit, turn to Henry & Williams P.C. Operating out of West Plains, MO, this firm is backed by more than 75 years of collective experience in the field. After evaluating your loved one’s death, their compassionate team will help you determine how to hold the liable party accountable. To learn more about their legal expertise, visit their website. To request a free consultation, call (417) 256-8133. 

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