Chesterfield Wrongful Death Lawyer

Chesterfield Wrongful Death Attorney

If you suffer any type of injury because of another party’s actions, you may have grounds to file a personal injury claim against them to seek compensation for your losses. However, when an act of negligence results in fatal harm, the family of a victim will need to file a wrongful death claim. If you believe you have grounds for this type of personal injury claim it is vital to consult a Chesterfield wrongful death lawyer right away.

Compassionate Representation for Wrongful Death Claims in Chesterfield, MO

The team at The Cagle Law Firm has years of experience representing clients in all types of personal injury claims, and a wrongful death claim is a specific type of personal injury claim that applies to cases involving a fatal incident. If you lost a family member because of another party’s actions, a Chesterfield wrongful death lawyer can help you file a civil suit seeking compensation for your family’s loss.

Money from a successful wrongful death claim cannot replace a loved one, and a wrongful death claim does not seek to punish a defendant. However, success with this civil action can hold them accountable for the financial impact of their actions on the victim’s surviving family, and the proceeds of a successful wrongful death suit can help the family adjust to the financial challenges of their new reality.

When you choose our firm to represent your wrongful death claim in Chesterfield, you will have an advocate ready to assist you with every stage of your case, from gathering the evidence you will need to prove liability to establishing the full scope of the damages you are legally entitled to claim from the defendant. Our goal is to help you ensure accountability for the defendant and to help you and your family secure compensation.

Building a Wrongful Death Suit in Chesterfield

At the core of every personal injury claim is an alleged act of negligence that results in a loss for the victim. A wrongful death claims involves an inadvertent death or death which was not purposely caused. It typically happens due to another party’s failure to act with reasonable care. When this occurs, the surviving family is left wondering how they can prove fault for the victim’s death and hold the appropriate party accountable.

Success with your wrongful death claim will require gathering evidence and witness testimony to prove exactly how the death occurred and identifying the party or parties responsible. For example, if your loved one died in a car accident, a Chesterfield wrongful death lawyer can help you obtain the incident report, accident reconstruction report, traffic camera recordings, witness statements, cell phone records, and photos of the accident scene to help you prove exactly how the accident happened.

Once your attorney has identified the defendant or defendants you believe to be responsible for your loved one’s death and proven how they caused the death, the next phase of your case requires proof of the full extent of your claimable damages. While a standard personal injury victim seeks to compensate the victim, a wrongful death claim focuses on securing compensation for the losses incurred by the surviving family of the deceased.

Compensation for Wrongful Death in Chesterfield

In almost every type of personal injury claim, the injured plaintiff has the right to seek compensation for economic and noneconomic damages they suffered because of the defendant’s actions. Generally, the final case award of a successful wrongful death claim will include various types of compensation, such as:

• Funeral and burial expenses. The funeral and burial will likely occur before the wrongful death case concludes; in which case the defendant may likely be compelled to compensate whoever paid for these services.
• Medical expenses. The family can claim compensation for the cost of medical treatment for the victim’s final injury.
• Lost financial support. The family has the right to seek compensation for the wages and other financial support the deceased could have provided if they had survived, based on their age at the time of death and the length of time they likely would have continued working.
• Lost household support. The surviving family also has the right to seek compensation for the household services and childcare that the victim can no longer provide. If they incurred greater household expenses due to the loss, their attorney could help them accurately calculate these damages and add them to their claim.
• Pain and suffering compensation that reflects what the deceased experienced between their injury and their death. There is no set formula that must be used to calculate this type of compensation. Your attorney can help you determine a fair amount based on the nature and severity of the fatal injury and how much time passed before the victim died.
• Compensation for the family’s pain and suffering. A Chesterfield wrongful death lawyer can help their client determine appropriate compensation for loss of affection, guidance, moral support, and companionship.

In addition to these damages, it is also possible for the family to receive other forms of compensation depending on how the defendant caused the death in question. For example, if the defendant broke the law which resulted in a death, they may face criminal prosecution for their actions along with a civil claim from the victim’s family. The most common example is if your loved one is fatally injured, and the negligent driver was driving while impaired. This could lead to punitive damages being awarded. Punitive damages are not always that common in a wrongful death case.

Ultimately, a successful wrongful death suit and the proceeds you secure from a defendant (more often the defendant’s insurance carrier) assist your family in managing the financial aftermath of an unexpected death in the family. It can also provide a sense of closure when you hold a defendant accountable for the harm they have caused. The Cagle Law Firm has years of experience handling these cases, and we will do everything we can to streamline your proceedings as much as possible.

FAQs for Wrongful Death Lawyers

Q: What Is the Standard of Proof in a Wrongful Death Claim?

A: The standard of proof in a wrongful death claim is a “preponderance of the evidence,” meaning fault is proven with evidence that shows the defendant is more likely than not at fault for the death in question. This is a much lighter standard than “beyond a reasonable doubt,” which is the standard by which a defendant is found guilty of a crime in a criminal court case. Your attorney can help you meet the standard of proof by effectively leveraging evidence.

Q: Who Can Sue for Wrongful Death in Missouri?

A: Only certain parties are eligible to sue for wrongful death in Missouri. The first category of eligible plaintiffs would be the deceased’s surviving spouse, children, parents, and grandchildren. If they have no such kin, surviving siblings and their descendants would be the second category of eligible filers. If no one from either category is able to file the claim, the court can appoint anyone who would be eligible for a share of the proceeds of the case as “plaintiff ad litem.”

Q: How Much Is a Wrongful Death Claim Worth in Chesterfield?

A: The total potential value of a wrongful death claim in Chesterfield depends on several factors. This type of personal injury case can aim to compensate the surviving family and beneficiaries of the deceased and compensate for losses incurred by the estate of the deceased. Damages may also include funeral and burial expenses, compensation for the family’s pain and suffering, and projected future losses, such as the income the deceased is no longer able to earn for their family. It is difficult to assess the monetary value to the loss of a loved one.  No amount of compensation truly represents the loss of a family member and the contributions that a loved one made to their family relationships.  Each case is unique, and the selection of an attorney is so important. The attorney can only share the story of your loved one through you and your impacted family and friends.

Q: Why Should I Hire a Chesterfield Wrongful Death Lawyer?

A: You should hire a Chesterfield wrongful death lawyer because you will be significantly more successful with experienced legal representation on your side. Even a seemingly straightforward claim will present unexpected challenges that the average plaintiff will not know how to overcome alone.  Furthermore, no one should handle the wrongful death of their own family member on their own, even if you are an attorney. Additionally, your Chesterfield wrongful death lawyer can help you maximize your case award.

The team at The Cagle Law Firm has helped many past clients win their wrongful death cases in Chesterfield and surrounding communities of Missouri. If you have lost a loved one due to another party’s negligence or illegal misconduct, we can help you hold them accountable and recover compensation for your family’s loss. Contact us today to schedule a free consultation with our team and learn more about how we can assist you with your case.