Cape Girardeau Wrongful Death Guide

• Why Choose Us to Handle Your Cape Girardeau Wrongful Death Claim
• What Is Wrongful Death in Missouri?
• Common Causes of Wrongful Death in Cape Girardeau
• Who Can File a Wrongful Death Claim in Missouri?
• What Types of Wrongful Death Compensation Can You Help Me Obtain?
• Factors That Can Affect the Value of Your Claim
• Frequently Asked Questions About Wrongful Death in Cape Girardeau
• Contact a Cape Girardeau Wrongful Death Attorney Today

Why Choose Us to Handle Your Cape Girardeau Wrongful Death Claim

At Cook, Barkett, Ponder & Wolz, we’re committed to providing personalized, compassionate legal representation to families in Cape Girardeau and throughout Southeast Missouri.

Here’s why many clients trust us with their wrongful death claims:

• Local experience: We’ve served the Cape Girardeau community for years, giving us intimate knowledge of local courts, judges, and legal procedures. Our attorneys have more than 100 years of collective experience to provide the highest level of representation possible.
• Dedication to clients: We treat every case with the attention and care it deserves. You’re not just a file number to us-–you’re a person who deserves justice and respect.
• Track record of success: Our firm has helped numerous families secure fair compensation in wrongful death cases. We’ve recovered millions of dollars for families who lost loved ones due to someone else’s negligence, including:
  • $20 verdict for a family who lost a loved one in a train collision
  • $2.5 settlement for a family suffering a loss due to electrocution

While these results don’t guarantee an outcome in your case, they do show our commitment to helping our clients obtain maximum compensation.

• Resources: We have the financial and professional resources to thoroughly investigate your claim and build a strong case.
• Compassionate counsel and support: We understand the emotional toll of losing a loved one and strive to make the legal process as stress-free as possible for our clients.
• Open communication: We keep you informed at every step, explaining complex legal concepts in plain language.
• No upfront costs: We work on a contingency basis, meaning you don’t pay anything upfront for us to handle your case. We only accept attorney fees if we recover compensation for you.

By working with Cook, Barkett, Ponder & Wolz, you can rest easier knowing that your case is in capable hands. This can provide much-needed peace of mind during a time when you and your family are already suffering emotionally.

What Is Wrongful Death in Missouri?

In Missouri, a wrongful death occurs when someone dies due to another party’s negligent or intentional actions. This legal concept allows eligible surviving family members to seek compensation for their losses.

Some key points about wrongful death claims in Missouri:

• They can arise from accidents, medical errors, or criminal acts.
• The claim must demonstrate that the death resulted from the defendant’s negligence or wrongful act.
• Surviving family members must have suffered losses due to the death.
• Plaintiffs must file the claim within the state’s statute of limitations.

A knowledgeable attorney can explain these legal nuances and advocate for you throughout the claims process.

Common Causes of Wrongful Death in Cape Girardeau

Wrongful death can result from various circumstances.

In Cape Girardeau, some of the most common causes include:

• Car accidents: Distracted driving, speeding, and drunk driving often lead to fatal crashes on our roads.
• Truck accidents: The size and weight of commercial trucks can make collisions particularly deadly.
• Motorcycle accidents: Motorcyclists are vulnerable to severe injuries in crashes, which can sadly be fatal.
• Train crashes: While less common, train accidents are often catastrophic when they occur.
• Bicycle accidents: Cyclists sharing the road with vehicles are at risk, especially when drivers are inattentive.
• Pedestrian accidents: Crosswalk accidents and other vehicle-pedestrian collisions can have tragic outcomes.
• Slip and fall accidents: Dangerous property conditions can lead to fatal falls, particularly for older adults.
• Defective products: Faulty products, from household appliances to vehicle components, can cause fatal injuries.
• Medical malpractice: Errors by healthcare providers can sometimes result in patient deaths.
• Construction site accidents: Workers in this high-risk industry may suffer fatal injuries on the job.

Regardless of the specific circumstances, if negligence played a role in your loved one’s death, you may have grounds for a wrongful death claim.

Who Can File a Wrongful Death Claim in Missouri?

Missouri law specifies who can file a wrongful death claim.

The eligible parties in Missouri are established by classes set forth in the statute.  Any person in a class may bring a claim on behalf of the class:

1. By the spouse or children or the surviving descendants of any deceased children or by the father or mother of the deceased.
2.  If there are no persons in class (1) noted above who are entitled to bring the action, then by the brother or sister of the deceased, or their descendants, who can establish a right to wrongful death damages.

If none of these parties survive the deceased, the court may appoint a plaintiff ad litem upon the request of someone entitled to share in the proceeds of the wrongful death claim.

A single death can only result in one wrongful death action. This means family members typically need to work together in pursuing the claim.

What Types of Wrongful Death Compensation Can You Help Me Obtain?

In a wrongful death case, compensation (also called damages) falls into several categories:

Economic Damages

• Medical expenses related to the final injury or illness
• Funeral and burial costs
• Lost wages and benefits the deceased would have earned
• Value of household services the deceased would have provided

Non-Economic Damages

• Pain and suffering experienced by the deceased before death
• Loss of consortium (companionship, comfort, and support) for the surviving spouse
• Loss of guidance, care, and nurturing for surviving children or other family members

Punitive Damages

In cases of extreme negligence or intentional harm, the court may award additional damages to punish the wrongdoer and deter similar behavior.

Courts rarely award punitive damages, but they can add substantial sums to a judgment when they do. Your lawyer can inform you whether your case warrants exemplary damages.

Factors That Can Affect the Value of Your Claim

Several factors can influence the amount of compensation in a wrongful death case:

• Age and health of the deceased: A younger person with a longer life expectancy may result in higher damages for lost future earnings.
• Income and earning potential: Higher-earning individuals may lead to larger compensation for lost wages.
• Dependents: The number and age of dependents can affect the damages awarded for loss of support and guidance.
• Circumstances of the death: More egregious acts of negligence may lead to higher non-economic or punitive damages.
• Insurance coverage: The at-fault party’s insurance limits can affect the available compensation.
• Shared fault: If the deceased was partially at fault for the accident, it could reduce the compensation amount.
• Strength of evidence: Clear, compelling evidence of the defendant’s negligence can support a higher settlement or verdict.
• Skill of your attorney: An experienced wrongful death lawyer can often negotiate a better settlement or present a stronger case at trial.

Every case is unique, and these factors interplay in complex ways. An experienced wrongful death attorney can provide a more accurate estimate of your claim’s value based on the specific details of your case.

Frequently Asked Questions About Wrongful Death in Cape Girardeau

How long do I have to file a wrongful death claim in Missouri?

In Missouri, the statute of limitations for wrongful death claims is generally three years from the date of death.

However, exceptions to this rule involve medical malpractice or claims against government entities. Consult an attorney as soon as possible to ensure you don’t miss any important deadlines.

How is compensation divided among family members in a wrongful death case?

Missouri law requires that eligible family members divide any compensation awarded in a wrongful death case according to their losses. If the parties can’t agree on the distribution, the court will decide based on each person’s relationship to the deceased and their individual losses.

Can I file a wrongful death claim if the deceased didn’t have any income?

Yes, you can still file a claim even if your loved one wasn’t employed. Compensation in wrongful death cases isn’t limited to lost wages. You may recover damages for loss of companionship, household services, and other non-economic losses.

What if the person responsible for my loved one’s death faces criminal charges?

A wrongful death claim is a civil action, separate from any criminal proceedings. You can pursue a wrongful death case regardless of whether prosecutors file criminal charges. The outcome of a criminal case doesn’t necessarily determine the result of your civil claim, although a criminal conviction can strengthen your civil case.

How long does a wrongful death case typically take?

The duration of a wrongful death case can vary widely depending on the complexity of the case, the willingness of the parties to negotiate, and court schedules. Some cases settle within a few months, while others may take a year or more, especially if the case goes to trial.

What evidence is needed for a wrongful death claim?

Common types of evidence in wrongful death cases include:

• Police reports
• Medical records
• Witness statements
• Expert testimony
• Financial records to show economic losses
• Photographs or videos of the accident scene

Your attorney will help gather and present the necessary evidence to support your claim.

Can I still file a claim if my loved one died some time after the accident?

Yes, you may still have a valid claim even if your loved one didn’t die immediately after the incident. However, you’ll need to prove that the death occurred because of the injuries sustained in the accident.

An experienced attorney can help you navigate these complexities and fight for justice on your loved one’s behalf.

What if my loved one was partially at fault for the accident that caused their death?

Missouri follows a pure comparative fault rule. This means you can still recover damages even if your loved one was partially at fault, but the compensation will decrease by their percentage of fault.

How much does it cost to hire a wrongful death attorney?

Most wrongful death attorneys, including our firm, work on a contingency fee basis. This means we only get paid if we recover compensation for you. Our fee is typically a percentage of the amount recovered. During your free consultation, we’ll explain our fee structure in detail.

What should I do if the insurance company offers me a settlement?

Consult an attorney before accepting any settlement offer. Insurance companies often try to settle quickly and for less than the claim is worth. An experienced wrongful death attorney can evaluate the offer and negotiate for fair compensation on your behalf.

Contact a Cape Girardeau Wrongful Death Attorney Today

Losing a loved one is never easy, especially when it results from someone else’s negligence. While legal action may be the last thing on your mind, you need to understand your rights and options.

At Cook, Barkett, Ponder & Wolz, we’re here to support you through this difficult time. During a free consultation, we’ll discuss the details of your case, explain the legal process, and help you understand what to expect moving forward. If you choose to work with us, we’ll handle every aspect of your case, allowing you to focus on healing and remembering your loved one.

Contact us today at (573) 335-6651 and let us review your case at no cost. The sooner you act, the sooner we can start gathering evidence and initiate the legal process.

Don’t let time run out, and don’t let the insurance companies pressure you into settling for less than you deserve.

Trust Cook, Barkett, Ponder & Wolz, your Cape Girardeau personal injury lawyer, to help you hold the at-fault parties accountable for your family member’s preventable death and increase your chances of getting the full compensation and justice you and your family deserve.

Testimonial:

I had never worked with lawyers, and at first I was scared, not knowing what to expect. When I first met with Cook, Barkett, Ponder & Wolz, I immediately breathed a sigh of relief. I’m a shy person, and they gave me confidence to speak out. The experience was very good. If you are in a similar situation, I highly recommend them. They’ll take care of everything. – Laura A.