Losing a loved one is one of the most painful experiences a person can endure. When that loss is due to someone else’s negligence, grief is often compounded by a deep sense of injustice. At Cook, Barkett, Ponder & Wolz, our team of SEMO personal injury lawyers understands the unique challenges that families face after a wrongful death.
While no legal action can bring your loved one back, a wrongful death claim can hold the responsible party accountable and provide financial support for your family during this difficult time.
Understanding Wrongful Death Claims in Missouri
If you’ve lost a loved one due to someone else’s negligence, you may be wondering if you should file a wrongful death claim. It’s natural to feel uncertain about the idea of pursuing legal action during such an emotional time.
Some people worry that filing a lawsuit will make it seem like they’re trying to profit from a tragedy, but that’s not the case at all. Wrongful death claims are about seeking justice, holding negligent parties accountable, and ensuring that others are protected from similar harm in the future.
The statute of limitations for filing a wrongful death claim in Missouri is generally three years from the date of death. This means that if you believe someone else’s negligence caused your loved one’s death, you will need to act quickly to preserve your right to file a claim.
The Difference Between Wrongful Death Claims and Survival Actions
In Missouri, when a person tragically loses their life due to the negligence or wrongful actions of another, the legal system provides two distinct avenues for pursuing justice: wrongful death claims and survival actions. While both types of claims arise from the same event, they serve different purposes and allow for different types of recovery.
An experienced SEMO wrongful death lawyer can help explain the distinction between wrongful death claims and survival actions to help families who are considering filing a lawsuit after a loved one’s death.
What is a Wrongful Death Claim?
A wrongful death claim is brought by the surviving family members of the deceased to recover damages for the losses they have personally suffered as a result of their loved one’s death. Missouri’s wrongful death laws allow certain family members to file a claim when a loved one dies due to the negligent or reckless actions of another.
Under Missouri law, the following individuals may file a wrongful death claim:
- The surviving spouse, children, or parents of the deceased.
- The surviving siblings of the deceased if there are no surviving spouse, children, or parents.
- If no one in these categories is still living, then other family members may be able to make a claim. The attorneys at Cook, Barkett, Ponder & Wolz can advise you about who is eligible to bring the wrongful death case in your particular circumstances.
The primary goal of a wrongful death claim is to compensate the surviving family members for the emotional, financial, and practical losses they experience after the death. Damages in a wrongful death claim can include:
- Funeral and burial expenses: The cost of laying a loved one to rest can be significant, and a wrongful death claim seeks to cover these expenses.
- Loss of financial support: If the deceased was a primary breadwinner, the surviving family members can seek compensation for the loss of income, benefits, and financial support the deceased would have provided.
- Loss of companionship: Missouri law allows surviving family members to seek compensation for the emotional pain and suffering they endure due to the loss of companionship, guidance, and emotional support.
- Loss of services: This can include the value of household services the deceased would have provided, such as child-rearing, cleaning, or other domestic responsibilities.
The key point in a wrongful death claim is that it addresses the losses of the surviving family members. It focuses on how the death has impacted them, both emotionally and financially.
What is a Survival Action?
On the other hand, a survival action is brought on behalf of the deceased person’s estate to recover damages for the losses the deceased incurred prior to their death. In other words, it allows the estate to claim damages that the deceased could have pursued if they had survived the incident.
Survival actions can seek compensation for:
- Medical expenses: Any medical bills that were incurred between the time of the injury and the death of the deceased. This can include hospital stays, surgeries, or other treatments the deceased underwent before passing away.
- Lost wages: If the deceased was unable to work before their death due to their injuries, a survival action can recover compensation for the wages they would have earned during that time.
- Pain and suffering: A survival action may also seek damages for the pain and suffering the deceased endured between the time of the injury and their death. This can be especially relevant in cases where the deceased lived for some time after the injury but suffered greatly during that period.
The primary focus of a survival action is on the damages suffered by the deceased person before their death. It aims to recover compensation for the losses and harm they experienced as a result of the negligent or wrongful act that caused their death.
For survival actions, the personal representative of the deceased’s estate typically files the claim. This can be a family member or another individual appointed by the court to manage the estate.
How Do These Claims Work Together?
While wrongful death claims and survival actions are separate legal avenues, they can often be pursued together in a single case, as they address different types of damages. For example, after a fatal car accident or medical malpractice incident in Missouri, the family of the deceased may file both a wrongful death claim to recover compensation for their own losses and a survival action to recover the damages that the deceased could have claimed if they had survived.
Together, these claims ensure that both the surviving family members and the deceased person’s estate are fairly compensated for the losses stemming from the wrongful death.
How a Lawyer Can Help with Both Claims
Navigating the legal process after the loss of a loved one can be overwhelming, especially when dealing with complex claims like wrongful death and survival actions. A SEMO wrongful death attorney can help your family understand which types of claims are appropriate and guide you through each step of the legal process.
At Cook, Barkett, Ponder & Wolz, we have extensive experience handling both wrongful death and survival action cases in Southeast Missouri, including Cape Girardeau, Sikeston, Scott City, and Poplar Bluff. Our firm is dedicated to ensuring that grieving families receive the compensation they deserve while holding negligent parties accountable.
We pride ourselves on being trial lawyers who are not afraid to take on tough cases. We won’t pressure you into trial, but we won’t back down from insurance companies or defendants who refuse to offer a fair settlement. Here’s how we can help your family after the loss of a loved one:
- Free Case Evaluation: We will meet with you to discuss the details of your case, explain your legal options, and answer any questions you may have.
- Investigation: Our team will conduct a thorough investigation into the circumstances surrounding your loved one’s death. We will gather evidence, work with accident reconstruction specialists or medical experts, and identify all potentially liable parties.
- Negotiation: We will handle all communication with insurance companies and other parties involved in your case. Our SEMO personal injury lawyers are skilled negotiators who will work tirelessly to secure the maximum compensation for your family.
- Trial Representation: If the insurer refuses to offer a fair settlement, we are fully prepared to take your case to court. Our trial lawyers have extensive experience litigating wrongful death cases in Southeast Missouri, and we won’t hesitate to fight for justice on your behalf.
Types of Accidents and Incidents That May Lead to a Wrongful Death Claim
Our experienced team of SEMO personal injury attorneys, unfortunately, sees wrongful death claims arising from a number of accidents and other incidents. These may include:
Freight Train and Railroad Accidents
Though less common than car or truck accidents, freight train accidents can lead to devastating consequences. Southeast Missouri’s proximity to rail lines means that train collisions, derailments, or accidents at railway crossings pose a significant risk.
When negligence by a railroad company, faulty equipment, or improper maintenance leads to a fatal accident, the surviving family members may have grounds for a wrongful death claim. SEMO wrongful death attorneys can help investigate these complex cases and ensure the responsible parties are held accountable.
Car Accidents
Motor vehicle accidents are one of the leading causes of wrongful death claims. When a driver acts negligently—by speeding, driving under the influence, or failing to follow traffic laws—they can be held responsible for the fatal injuries they cause. SEMO personal injury lawyers are experienced in investigating car accidents, gathering evidence, and working with experts to prove liability.
Truck Accidents
Commercial trucks’ sheer size and weight mean accidents involving these vehicles often result in catastrophic injuries or fatalities. Trucking companies, truck drivers, and other parties may be held accountable for a wrongful death if negligence, such as improper vehicle maintenance or driver fatigue, contributed to the crash.
Motorcycle Accidents
Motorcyclists are particularly vulnerable on the road, and when another driver’s negligence leads to a fatal crash, the surviving family members may be entitled to pursue a wrongful death claim. In Missouri, motorcycle accidents are a significant cause of fatal injuries, especially in areas with heavy traffic.
Pedestrian and Bicycle Accidents
Pedestrians and cyclists are often at risk when drivers fail to pay attention, obey traffic signals, or yield the right of way. Fatal accidents involving pedestrians or cyclists are tragic, but an attorney can help families seek justice for the loss of their loved one.
Workplace Accidents
While many workplace accidents result in workers’ compensation claims, fatal accidents may also give rise to a wrongful death lawsuit if someone other than the deceased’s employer is negligenct. This could include third-party liability, such as when a subcontractor’s carelessness leads to a fatal injury on a construction site.
Medical Malpractice
Healthcare professionals have a duty to provide care that meets accepted medical standards. When a doctor or hospital’s negligence results in a patient’s death, the surviving family members may be able to file a wrongful death claim. These cases can be complex, but a skilled lawyer can guide you through the process.
Addressing Concerns About Filing a Wrongful Death Claim
It’s not uncommon for families to feel hesitant about filing a wrongful death lawsuit. Some worry they’ll be perceived as greedy or that seeking compensation after a tragedy is wrong. But it’s important to remember that wrongful death claims are not about profiting from a loved one’s death—they’re about seeking accountability and preventing similar tragedies from happening to others.
By filing a wrongful death claim, you’re not only protecting your family’s financial future but also sending a message that negligence won’t be tolerated. Holding the responsible party accountable can lead to changes that make Southeast Missouri a safer place for everyone, whether it’s on the roads, in the workplace, or within healthcare settings.
Enlist Cook, Barkett, Ponder & Wolz to Seek Justice for Your Loved One
The loss of a loved one is an unimaginable tragedy, and at Cook, Barkett, Ponder & Wolz, we are here to help you manage the legal process with compassion and determination. Our attorneys understand the pain and uncertainty that families face after a wrongful death, and we are committed to helping you seek justice for your loved one.
If you have questions about filing a wrongful death claim in Southeast Missouri, don’t hesitate to contact us. We serve clients throughout the region, and our office is conveniently located across from the Osage Center and just northwest of Southeast Missouri State University, making us easily accessible to clients.
Let us help you fight for justice so that other families are spared the pain of losing a loved one due to negligence. We are trial lawyers who are not afraid to stand up to insurance companies and push for the compensation families deserve, even if that means going to court. Call our Cape Girardeau office at 573-335-6651 or contact us online for a free consultation.