St Louis Wrongful Death Lawyer
St. Louis Wrongful Death Lawyer
When a loved one dies, the deceased’s family is left to grapple with overwhelming grief and unexpected financial burdens. If the death was caused by someone else’s negligence or an intentional act, the surviving family members could file a wrongful death claim with the help of a St. Louis personal injury lawyer.
A wrongful death claim can provide much-needed financial relief for the family and can also help hold the person who caused the death accountable. If you are considering filing a St. Louis wrongful death claim, contact an experienced attorney today.
You may be eligible to start a wrongful death claim if you have lost a loved one due to someone else’s negligence or intentional act. Contact the personal injury attorneys at Injury Lawyer Team, sponsored by Rosenfeld Law Offices, to schedule a free case evaluation.
All confidential or sensitive information you share with your St. Louis wrongful death lawyer remains private through an attorney-client relationship.
What Is a Wrongful Death?
Wrongful death is a death that is not natural, accidental, or from suicide. It can also be a death caused by someone’s negligence or intentional actions. Wrongful deaths can happen in many ways, such as car accidents, medical malpractice, or defective products.
If you have lost a loved one due to wrongful death, you may be able to file a lawsuit against the person or company responsible.
If you have been injured in wrongful death, it is essential to seek legal counsel right away. Your St. Louis wrongful death attorneys can help you receive compensation for your pain and suffering, medical expenses, and funeral costs.
An experienced wrongful death lawyer can provide a comprehensive view of Missouri law and be with you every step of this process.
National Wrongful Death Statistics
One person dies every four minutes in the United States due to unintentional injuries caused by medical malpractice or even a car accident. This startling statistic is even more sobering when you realize that many of these fatalities could have been prevented with proper safety precautions.
Tragically, many families experience a loved one’s death yearly due to wrongful death.
You are not alone if you have lost a loved one due to wrongful death. Nationwide, wrongful death claims are on the rise. The National Wrongful Death Statistics report shows over 174,000 deaths from preventable accidents in 2016, representing a 3 percent increase from 2015.
The report also highlights the most common causes of wrongful death. Transportation accidents were the leading cause of fatalities, accounting for 41% of all deaths, followed by unintentional poisonings (27%) and falls (20%).
Surviving family members of a deceased person must understand their legal rights if they have lost a loved one due to wrongful death. You may be able to file a claim against the person or company responsible for your loved one’s death for compensation paid by their insurance company.
Contact a personal representative from our team of wrongful death lawyers to help you file a claim for the harm you and your family have suffered.
Missouri Wrongful Death Data
According to The Missouri Department of Health, in 2020, there were 2,521 fatalities due to accidental injury. Of those, 951 were caused by unintentional firearm discharge, poisoning, or asphyxiation.
This data reveals that, on average, there were 6.8 deaths per day in Missouri due to an accident. While this number may seem small, it is essential to remember that each of these deaths is a tragedy that could have been prevented with the proper precautions.
Our specialized St. Louis wrongful death lawyers, with excellent knowledge of Missouri law, will ensure your loved one’s personal injury is compensated through the appropriate channels.
Common Types of Missouri Wrongful Death Cases
When someone dies due to another person’s negligence or recklessness in St. Louis, MO, it is classified as a wrongful death case. In St. Louis, MO, several common types of wrongful death cases often occur, including:
- Medical malpractice: A medical professional’s negligence or mistake could be considered malpractice, a legal term that simply means professional misconduct. If a doctor, nurse, or other medical provider’s actions (or lack thereof) led to someone’s death, the victim’s family might be able to begin a wrongful death lawsuit against them.
- Vehicular accidents: If a car accident results in someone’s death, those responsible could be liable through a wrongful death claim. It is often seen in drunk, distracted, or reckless driving.
- Workplace accidents: Unfortunately, some workplaces can be dangerous, and if an employee is killed on the job to their employer’s negligence, the family may be able to file a wrongful death claim.
- Product liability: If a defective product causes someone’s death, the company responsible for making and selling the product could be held liable. Product manufacturers could be held accountable through strict negligence, which means they were aware of the product’s dangers and did not warn consumers.
- Premises liability: Property owners are responsible for ensuring their property is safe for visitors. If someone dies due to a slip and fall accident or another type of accident on another person’s property, the property owner could be held liable.
- Slips and falls: Failing to provide a safe environment at shopping malls, parking lots, business centers, and other public places could result in a wrongful death lawsuit if someone dies. Slip and fall accidents typically involve slippery surfaces, uneven flooring, and cluttered areas.
- Dangerous drugs: Even if the Food and Drug Administration (FDA) approves the use of a medication or medical device, the product can still be extremely harmful. These cases often hinge on whether the company failed to warn consumers of the risks associated with using the product.
- Pedestrian and bicyclist deaths: With increased distracted driving, pedestrian and bicyclist deaths have risen in recent years. If a driver hits and kills a pedestrian or bicyclist while texting, talking on the phone, or otherwise not paying attention to the road, they could be held liable in a wrongful death lawsuit.
- Fires and explosions: Fires and explosions can often be caused by negligence, such as failing to properly maintain equipment or not following safety protocol. If someone dies in a fire or explosion caused by another person’s negligence, their family may be able to file a wrongful death lawsuit against them.
If you have lost a loved one due to another person’s negligence or irresponsible behavior, it is vital to understand your legal rights and options.
In St. Louis, MO, our wrongful death attorneys can help you file a wrongful death claim and seek justice for your loved one. Contact us today for more information on alleviating the financial burden of losing a beloved family member.
Who Qualifies to File a Wrongful Death Lawsuit?
When someone dies due to another person or entity’s negligence or intentional actions, the victim’s loved ones may have the right to file wrongful death suits. The victim’s survivors must meet specific qualifications to file a wrongful death lawsuit.
The right St. Louis wrongful death attorney will know how to present the deceased person’s wrongful death lawsuit to achieve the best possible result.
Generally, the survivors who can file a wrongful death lawsuit include the deceased victim’s surviving spouse, minor children, adult children, parents, grandparents, siblings, and other relatives.
These family members can initiate personal injury litigation individually or through a personal representative filing a wrongful death suit to obtain compensation for all damages that include:
- Funeral expenses
- Medical costs
- Burial expenses
- Loss of familial support
- Loss of benefits
- Non-economic damages include pain, suffering, grief, and mental anxiety
- Punitive damages when the defendant’s actions are egregious
St. Louis, MO, wrongful death laws are complex, and it is best to seek the assistance of an experienced wrongful death attorney who can guide you through the process and help you recover the maximum compensation for your losses.
St. Louis, MO, Wrongful Death Statute of Limitations: How Much Time Is There to File a Claim
When someone dies due to the negligence or intentional act of another, their loved ones may be able to file a wrongful death claim against the responsible party. The statute of limitations for a Missouri wrongful death claim is three years. It means that families have three years from the date of their death to file a lawsuit.
While this may seem like plenty of time, it’s important to note that the sooner you start planning your case, the better. Gathering evidence and building a strong case takes time and can be difficult if you wait until the last minute.
To have an initial conversation and discuss your case with a personal injury lawyer, call us for a free consultation with an affiliated St. Louis wrongful death lawyer, and they will discuss the details of your situation.
If you think you may have a valid wrongful death claim, it’s essential to speak with a personal injury law office in St. Louis, MO, as soon as possible. Our St. Louis, MO, personal injury lawyers can review your personal injury claim and the Missouri wrongful death statute of limitations to ensure you collect all your damages.
Proving Responsibility in a Wrongful Death Claim
When a loved one dies due to another person’s negligence or recklessness, it is often difficult to know who is at fault and liable for the death. In a wrongful death case, gathering evidence and building a case to prove that the defendant is responsible is essential.
There are many ways to do this, as each case is unique. It is one of the main reasons you should contact a St. Louis wrongful death lawyer as soon as possible.
Some general steps can be taken to establish liability in a wrongful death case.
A Duty of Care
One way to prove responsibility is to show the defendant’s duty of care to the victim.
It can be done by demonstrating that the defendant was in a position of authority or control over the deceased person or that the defendant owed a duty of care to the victim based on their relationship.
For example, an employer has a duty of care to its employees, and a driver has a duty of care to pedestrians when driving.
Your personal representative will know how to establish the connection of duty of care. Contact our personal injury attorneys today for a free consultation.
A Breach of Duty
Your wrongful death lawyer must prove responsibility for how the defendant breached their duty of care. It can be done by demonstrating that they did not act reasonably under the circumstances or that they acted negligently.
For example, if a driver hits a pedestrian, they may be liable if they were speeding or driving drunk.
Our specialized personal injury law team in St. Louis, MO, will demonstrate if that happened in the situation experienced by your loved one.
The Breach’s Correlation to the Victim’s Death
Finally, the St. Louis wrongful death lawyer must show that the defendant’s actions caused the victim’s death. It can be demonstrated when the St. Louis personal injury lawyer representing the plaintiff presents evidence that the victim would have survived if not for the defendant’s actions.
Proving responsibility in a wrongful death case can be challenging, but it is vital to building as strong a case as possible. By gathering evidence and presenting it compellingly, your St. Louis wrongful death lawyer can increase your chances of winning your case and receiving compensation for your loss.
Determining Wrongful Death Reasonable Value
Personal injury lawyers specializing in St. Louis wrongful death cases will determine the amount of financial compensation the deceased’s estate or surviving family deserves to cover all damages. It includes economic losses, such as medical bills and funeral expenses.
In some cases, the monetary value of intangible damages, such as the love and companionship a deceased spouse or parent provided, may also be considered.
Numerous factors may have been involved after a wrongful death occurs. The loved one’s death might result from medical malpractice where a doctor, nurse, or hospital failed to provide an appropriate level of care. Other factors could include:
- Car accident cases: Another motorist may have been driving erratically, under the influence of drugs, distracted, or lacked the experience to operate the vehicle safely.
- Harmful drugs: A level one’s death might result from taking dangerous medications, receiving the wrong dose, getting the wrong medicine, or not getting proper medical care while taking the medication.
- Workplace accidents: An individual might die from an asbestos-related disease, be crushed by heavy machinery, or be electrocuted due to unsafe conditions.
- Construction injuries: Falling from a platform or ladder, being buried in a collapse, or being struck by an object are some ways construction workers might be killed on the job.
These are only a few examples of how someone might die due to another person or company’s negligence. If you have lost a loved one and think someone else’s carelessness caused their death, you should speak with one of our experienced personal injury lawyers today to discuss your legal options.
In some cases, more than one person or organization can be liable for the St. Louis wrongful death scenario. The personal injury lawyers will investigate to uncover all at-fault parties and include them in the personal injury lawsuit.
Once the St. Louis wrongful death attorney gathers evidence to support the claim, the findings will be presented to the insurance company representing the at-fault parties and begin settlement negotiations. If the wrongful death lawyer cannot reach an agreement, they will start a wrongful death lawsuit on behalf of their clients.
Hiring a St. Louis Wrongful Death Attorney to Resolve a Personal Injury Case Involving a Preventable Death
When someone suffers a preventable death, the family left behind is often left in shock and confusion. They may not know where to turn for help. Hiring a wrongful death lawyer is often the best step that can be taken to ensure that the family receives the compensation they deserve.
A wrongful death attorney will work with the family to get them the money they need to cover medical bills, funeral costs, and other damages incurred due to the death.
Our personal injury lawyers are always ready to see you for a free consultation and provide you with the legal option for your specific situation.
The St. Louis wrongful death lawyers at Injury Lawyer Team are legal advocates for every family member grieving a loved one’s death caused by another’s negligence. Contact us today to schedule a free consultation and discuss filing a personal injury claim.
Our personal injury lawyers accept all wrongful death lawsuits on a contingency fee agreement. This arrangement ensures you will pay no upfront fees until our experienced wrongful death personal injury lawyers resolve your case or negotiate a settlement or jury award.