When someone else’s carelessness causes another person’s death, they and their insurer can be held liable for their negligence which caused the death. If you lost a loved one because a person or company was negligent, you may have the grounds to pursue a wrongful death case. This type of personal injury case is complex and made even harder due to the overwhelming grief and disruptions in the entire family. A Hazelwood wrongful death lawyer can help you pursue personal injury compensation and hold the at-fault party accountable.
No death in the family is ever easy. The stress, confusion, and frustration can be worsened when it happens suddenly and because another party did not take proper care. At The Cagle Law Firm, we are aware of the sensitivity these cases require and ensure that we provide you with respectful and compassionate support. We take the time to understand your tragedy and the full impact of losing your loved one.
Compensation can never replace the loss of your loved one. Recovering compensation can help protect your family’s future financial certainty and attempt to hold the at fault party accountable.
The Cagle Law Firm has worked for decades in personal injury and wrongful death cases, and we know how to effectively make a strong case and provide your family with the guidance you need.
When an individual would have had the grounds for a personal injury case if they had survived their injuries, then their surviving family members can pursue a wrongful death case in their place. There is a specific order in which family members are entitled to pursue these injuries:
If multiple family members are entitled to act, they must take action jointly. While it can be difficult for family members to come together under such difficult circumstances, an attorney can assist the family and make the legal process less complicated. Joint action respecting all members is the best course in making compensation a reality.
Wrongful death cases can happen in many of the same situations as any other personal injury cases, where another party acts in a negligent manner or fails to act. Some of the common causes for wrongful death that The Cagle Law Firm has handled in Hazelwood before including:
There are many other potential causes of wrongful deaths, including workplace accidents, construction site incidents, medical malpractice, or railroad and maritime accidents. It’s important to find a wrongful death attorney who has experience with the type of accident your loved one was involved in, as this can make the process much more straightforward.
The statute of limitations on wrongful death in Missouri is three years, and this is the time limit that families have to file a lawsuit. If you do not file a lawsuit in the appropriate court within three years of the date the accident or death occurred, you can be forever barred from receiving compensation, no matter your case’s merits.
You should not wait three years to begin pursuing compensation. If another party was to blame for the death of your loved one, you should get in contact with an attorney quickly.
In a wrongful death case in Missouri, the individuals who receive compensation are the immediate family members who were entitled to bring the case. Once secured by the individual who pursued the case, the compensation can be distributed to the heirs or beneficiaries of the deceased by state law or their will.
Multiple entitled individuals can also pursue compensation jointly. Clearly, this joint action requires some coordination and agreement among the parties at a difficult time. An attorney’s guidance can help families attempt to recover fair compensation and distribute it amongst themselves.
Most wrongful death cases have no damage cap in Missouri, including motor vehicle accidents, dog attacks, and slip-and-fall accidents. In medical malpractice cases, however, non-economic damages currently have a cap of $473,445 for non-catastrophic injuries, in which the victim is expected to recover, and $828,529 for catastrophic injuries. This cap increases annually by 1.7%. Non-economic damages represent intangible and psychological losses with no specific monetary value.
Pursuing compensation in a wrongful death case is a complex legal process, and insurance companies, unfortunately, do not want to provide grieving families with the financial support they are owed. The Cagle Law Firm can help by negotiating with the insurers for you and giving you the time you need to heal as a family. Contact our firm today.
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