Table of Contents

• How Much Is a Wrongful Death Case in Cape Girardeau Worth?
• Parties Who May Bring a Wrongful Death Claim or Lawsuit
• How and Where Do Wrongful Deaths Happen in Cape Girardeau?
• Fighting the Insurance Company after Your Loved One’s Untimely Death
• Talk With an Experienced Cape Girardeau Wrongful Death Lawyer Today

Why Choose Us for Legal Representation in Your Wrongful Death Case?

If you recently lost a loved one in an occurrence that someone else caused due to a negligent, intentional, or reckless act, you and other surviving family members are likely still grieving.

Our experienced legal team of Cape Girardeau personal injury attorneys at Cook, Barkett, Ponder & Wolz has significant experience representing individuals and families dealing with a loved one’s untimely death, and we fight for their legal rights and interests at all times.

Most recently, we obtained compensation of $1.8 million following a fatal car accident, $20 million for individuals who lost a family member in a train wreck, and $950,000 for a wrongful death that resulted from a healthcare provider’s negligence.

When you reach out to our experienced wrongful death attorneys, we can evaluate your claim and develop a plan of action to move your case forward. Specifically, we can file a wrongful death claim on your behalf or litigate your case to an efficient resolution in the state court system.

Our lawyers represent wrongful death claimants from our conveniently located office at 1610 North Kingshighway, Suite 201, Cape Girardeau, MO 63701.

Let us recover the wrongful death compensation you and your grieving family members need and deserve today.

How Much Is a Wrongful Death Case in Cape Girardeau Worth?

Although no amount of monetary compensation can ever bring back a lost family member, it can help to bring about a sense of closure and justice for surviving family members.

The monetary compensation that a wrongful death claimant may be eligible to recover will depend on the circumstances of their loved one’s death, whether family members depended on the deceased individual for support, and other related factors.

First, a wrongful death claimant can recover compensation for burial and funeral expenses. They may also pursue compensation for losing the deceased individual’s support, counsel, training, instruction, consortium, companionship, and services.

Moreover, if the decedent incurred medical expenses between the time of their injuries and the time they passed away, a wrongful death claimant may be eligible to recover those expenses. The most common expenses that occur during this time include hospital bills and doctor bills.

If the wrongful death claimant relied upon the deceased individual for financial support, they can claim the loss of the decedent’s future income. A surviving family member may also recover compensation for the deceased individual’s mental and physical pain and suffering that they experienced immediately before their death.

Finally, a wrongful death claimant might be eligible to recover compensation for punitive damages if the at-fault individual or entity behaved in a particularly reckless, careless, or egregious manner.

For example, if the decedent died in a car accident due to a severely drunk driver, then the wrongful death claimant might bring a claim for punitive damages. The primary purpose of punitive damages is to punish the wrongdoer for their wrongful act and to discourage others from committing similar offenses.

Our legal team at Cook, Barkett, Ponder & Wolz will do everything possible to maximize your compensation in a wrongful death claim or lawsuit. Moreover, if the insurance company refuses to make you a fair settlement offer in your wrongful death case, we can file a lawsuit on your behalf in court and maximize the compensation you recover there.

Parties Who May Bring a Wrongful Death Claim or Lawsuit

Several categories of surviving family members may be eligible to bring a wrongful death claim or lawsuit on behalf of their deceased loved one.

First of all, a wrongful death is a death that results from a circumstance, transaction, conduct, act, or occurrence that would have entitled a person to recover monetary compensation via a personal injury lawsuit had they not died in the occurrence.

In Missouri, several individuals may qualify to bring a wrongful death claim. The first group of individuals includes the deceased individual’s spouse, child, and any surviving descendants of a child who died before the current accident victim. The deceased individual’s parents also fall within this group, although the statute does not mention step-parents.

The next group encompasses siblings of the deceased individual, along with descendants of the deceased person’s siblings.

Finally, if there are no individuals in the first two groups who are qualified and able to bring a wrongful death claim, then a designated plaintiff ad litem may be eligible to file the wrongful death claim or lawsuit.

In certain situations, a Missouri court will designate a plaintiff ad litem if a person entitled to wrongful death proceeds makes the necessary request.

Our skilled team of wrongful death attorneys at Cook, Barkett, Ponder & Wolz can determine who may be eligible to file a wrongful death claim or lawsuit in your circumstances.

We can take the necessary steps to file the claim with the at-fault party’s insurance company and pursue the monetary recovery and closure you need.

How and Where Do Wrongful Deaths Happen in Cape Girardeau?

Wrongful deaths can happen under a variety of different circumstances. One of the most common (and unfortunate) causes of premature deaths is motor vehicle accidents. These accidents do not involve just passenger vehicles, but they may also involve large commercial trucks, buses, bicycles, and motorcycles.

Motor vehicle accidents can occur for various reasons, but they typically happen when others fail to drive in a prudent, safe, and careful manner. One common cause of motor vehicle accidents is traffic law violations, such as where another driver tailgates, speeds, fails to use their turn signal, or fails to yield the right-of-way to another driver at the proper time.

A fatal motor vehicle crash may also happen when other people drive while under the influence of drugs or alcohol or when they engage in reckless driving or road rage. Finally, a fatal motor vehicle crash may occur when other drivers fail to watch the road, such as by texting and driving.

Another common basis for a wrongful death claim is medical negligence or malpractice. This type of negligence happens when a medical provider, such as a doctor or nurse, makes a serious medical mistake or otherwise acts unreasonably under the circumstances.

Common examples of medical mistakes include:

• Surgical errors.
• Failing to diagnose a patient properly.
• Misdiagnosing a patient’s medical condition.

Additionally, premature deaths are sometimes the result of defective products, where a manufacturer assembles or designs a product improperly, causing it to malfunction.

Common examples of defective products that may lead to a wrongful death claim include:

• Defective medical products and medications.
• Defective motor vehicles (or motor vehicle parts).
• Unsafe children’s products.
• Toxic foods.

A wrongful death claim can also result from workplace accidents, especially when workers are near heavy and dangerous equipment on a daily basis, such as on a building or construction site.

Finally, pedestrian accidents may lead to a wrongful death claim when a driver fails to yield the right-of-way to a pedestrian who is lawfully present at an intersection crosswalk.

Pedestrian accidents also occur in local parking lots and parking garages, especially when drivers fail to watch the road attentively or fail to use their mirrors and backup cameras when pulling out of a parking space.

If you recently lost a loved one in one of these occurrences, you should contact a knowledgeable wrongful death lawyer in your area as quickly as possible about your legal options.

Cook, Barkett, Ponder & Wolz can thoroughly investigate the circumstances that led to your loved one’s untimely death and pursue the wrongful death compensation you need and deserve.

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Fighting the Insurance Company after Your Loved One’s Untimely Death

If you recently lost a loved one in an occurrence that resulted from someone else’s wrongful act, always obtain the legal help that you need right away.

During this difficult time, the last thing you want to do is deal with difficult insurance companies and adjusters who are not looking out for your legal interests anyway. Instead of fairly compensating you in your wrongful death claim or lawsuit, insurance companies are only interested in keeping their money in-house to distribute to their shareholders.

Moreover, if an adjuster sees that you are unrepresented in a wrongful death claim, they will take full advantage of that fact and try to compensate you with as little money as possible.

Our skilled team of negotiators can handle all communications with insurance company adjusters on your behalf. Specifically, we can highlight the importance of the claim, review police reports and medical records, and pursue the highest amount of monetary recovery available. Moreover, we may threaten the insurance company with litigation if they do not make you a fair settlement offer.

If your case proceeds to litigation, we can aggressively represent you at a civil jury trial or other litigation proceeding, introduce favorable evidence on your behalf, and work to secure the financial compensation that you and your family members need at this difficult time.

Talk With an Experienced Cape Girardeau Wrongful Death Lawyer Today

If you lost a loved one due to another person or entity’s wrongful act, time is of the essence. Therefore, reach out to an experienced wrongful death attorney who can handle the legal components of your case as efficiently as possible.

At Cook, Barkett, Ponder & Wolz, our legal team welcomes the opportunity to fight the insurance company on your behalf for both you and your loved ones’ legal interests. You can rest assured that we will work hard to secure the full monetary recovery you deserve while giving you the time necessary to grieve the loss of your deceased loved one.

We have seen firsthand the devastation that follows wrongful death, and you should never have to worry about covering your financial losses. We take this worry off your hands and handle every stage of the process for your family. We keep you informed and treat you with the respect and compassion you deserve in this difficult time.

For a free case evaluation and legal consultation with an experienced Cape Girardeau wrongful death lawyer, please call us at (573) 335-6651 or contact us online today to learn more. You never pay any legal fees unless we successfully obtain compensation for your family.