The loss of a loved one inflicts profound grief that can change your life forever. When this loss may have been avoidable if not for someone’s negligent behavior or willful wrongdoing, that grief can be even more all-encompassing.
If you have experienced this kind of unimaginable loss, you may be considering filing a St. Louis wrongful death action. The compassionate wrongful death attorneys at OnderLaw can walk by your side through this challenging time while providing the aggressive, unwavering legal representation you need to seek justice.
If you are interested in filing a wrongful death action in St. Louis, you must have a specific relation to the decedent—the person who died—to be eligible to bring this type of claim forward. Missouri law enumerates which family members can file a wrongful death lawsuit in order or priority of their close familial relation to the decedent.
The initial category of family members to whom the law gives priority to file a wrongful death claim include the decedent’s spouse and children. If none of these parties survive, other family members afforded the right to file a wrongful death action include any grandchildren that survive the decedent and the surviving mother or father of the decedent.
In situations where none of these individuals survive the decedent, the law allows a second group of family members, starting with the decedent’s brother or sister, to bring a wrongful death lawsuit. If these individuals do not survive the decedent, the decedent’s siblings’ children can file a wrongful death case.
There may be situations, although something rarer, where the decedent passes away and leaves behind no surviving family members who would be entitled to bring a wrongful death claim in either of these first two categories of claimants. However, there could still be family members with a potential interest in filing a wrongful death claim. In these cases, the court may designate someone to file a lawsuit on behalf of interested heirs of the decedent.
There are multiple forms of compensation that you could recover in a St. Louis wrongful death action. These forms of compensation could include economic and non-economic damages you and your family have suffered because of your loved one’s death. Examples of economic damages include the medical bills incurred by your loved one before their death, as well as the costs associated with their funeral and burial.
The lost earning potential of your loved one and the extent of the financial damage that has been inflicted could also be calculated in a wrongful death settlement or court award. You could also claim non-economic compensation for the lost companionship, comfort, and counsel you are experiencing because of the death of your family member.
However, to collect any compensation, you must prove that a person or entity is legally liable for your loved one’s death. The imposition of legal liability could stem from an act of recklessness or negligence, such as a motor vehicle accident, or an intentional act, such as a crime that results in the person’s death.
The evidence required to file a well-constructed wrongful death claim will depend on the chain of events that led to your loved one’s death. Our skilled legal team can evaluate the circumstances of your family member’s passing and advise what legal recourse is available to you.
When contemplating filing a St. Louis wrongful death action, you may feel a mixture of overwhelming emotions and be unsure what to do next. At OnderLaw, we understand the complexities of these cases, the legal hurdles involved in proving a wrongful death claim, the investigation actions required to build a complete body of supporting evidence, and the decisive steps that need to be taken to hold all involved parties liable.
Our attorneys could offer the peace of mind that comes from knowing you have experienced legal advocates representing your interests and making sure your voice is heard. Reach out to OnderLaw today to speak with a trusted wrongful death lawyer about your case.
