Dealing with the sudden and unexpected loss of a close family member is a traumatic experience. If their passing resulted from an act of negligence, you deserve support from a legal advocate who will do all they can to make things right.
Although nothing can account for the loss of your loved one, a Creve Coeur wrongful death lawyer can help you understand your options for seeking justice. A lawsuit might be the best way of providing your family with the resources you need to protect your long-term interests. At OnderLaw, we put your needs first and work alongside you to achieve a positive resolution to your case.
Wrongful death actions have a lot in common with personal injury cases. According to Missouri Revised Statutes §537.080, a “wrongful death” is one where the deceased person would have been able to file a lawsuit for their injuries if they had survived the incident.
Some situations that can lead to a wrongful death lawsuit include the following:
The dedicated lawyers at our firm can investigate the cause of your family member’s passing to determine who is responsible. Although nothing can bring back your loved one, legal action can help your family gain a sense of justice and accountability for your loss.
Our Creve Coeur wrongful death attorneys will advise you and your relatives of your rights to pursue this type of legal action. Only certain people are entitled to file a wrongful death suit following the loss of a family member.
In legal terms, the loved one you lost is called a “decedent.” The right to proceed with a wrongful death action starts with the decedent’s surviving spouse, children, or parents. If the decedent’s children are no longer alive, the grandchildren have the right to file suit. If none of these family members are alive, this right goes to the decedent’s siblings. The siblings’ children (the decedent’s nieces or nephews) could also have the power to pursue a wrongful death lawsuit if the siblings are no longer living.
In some cases, none of the qualifying family members are willing or able to file a wrongful death action. This does not mean a wrongful death lawsuit is off the table. Instead, the court has the power to appoint someone to file the lawsuit on behalf of any other family members entitled to the proceeds.
The court-appointed person is known as the “plaintiff ad litem.” Not all relatives can file a claim using a plaintiff ad litem, as our Creve Coeur wrongful death attorneys can explain. Only someone legally entitled to the proceeds of a successful wrongful death action can request a plaintiff ad litem.
For many families, a wrongful death lawsuit is the only path to obtaining justice after a tragic accident. Even if criminal charges are never filed, a civil lawsuit could hold the responsible party accountable for their actions and help you recover the necessary resources to continue living your life.
You are not alone in this challenging time. Reach out to a Creve Coeur wrongful death lawyer at our firm to get the dedicated representation you deserve. At OnderLaw, we are here to support your cause and fight for what is right.