Mehlville Wrongful Death Lawyer

Mehlville Wrongful Death Attorney

Losing a loved one is always an immensely difficult situation for friends and family. The loss can feel even more frustrating and unfair when their death has been caused by the carelessness of someone else. Surviving family members have the right to recover compensation, which can enable them to hold the careless party and their insurance carrier accountable for their actions. A Mehlville wrongful death lawyer can provide legal representation for family members during this impossible time.

There are many severe personal losses from losing a loved one. In addition, there are financial losses, such as the costs of medical treatment, the expenses associated with a funeral and burial, and the loss of the financial support of your loved one. Pursuing compensation can bring some financial stability to a grieving family and give them the space to mourn.

At The Cagle Law Firm, we want to secure the compensation your family needs. We understand the stress and frustrations associated with wrongful death cases. Our mission is to guide families through this terrible time and hold the at-fault party’s insurance carrier responsible. Our personal injury attorneys have worked for years in personal injury cases, including wrongful death cases.

We are honored when families entrust their cases to our team, so we work diligently to uphold this trust and prepare a strong case. These situations are incredibly personal, and we provide the respect and grace you deserve.

Understanding Wrongful Death Cases

Wrongful death cases are a type of personal injury case, although there are some distinctions, such as the types of financial coverage you can obtain. Family members can file a wrongful death case whether their loved one died during the accident or at a later date from the injury or its complications.

Wrongful death cases are often made on the basis of negligence, meaning the at-fault party failed to take appropriate and reasonable care for the safety of others. When a party is negligent, and their negligence causes a person’s death, they could be liable. If you are unsure whether you have grounds for a wrongful death case, an experienced attorney can look at the details of the situation and determine the benefits of pursuing a case.

What Causes Wrongful Death Cases?

Many deaths are the result of another party acting negligently, and these have the potential to become a wrongful death case. Some of the common types of wrongful death cases include:

• Car Accidents: Car collisions can happen to anyone, even when they remain careful on the road. While some car accidents do not cause serious injuries, others can result in catastrophic and fatal injuries. When another driver is to blame, their insurance can be liable in a wrongful death case. A driver may be at fault for speeding, being distracted, driving aggressively, or driving while under the influence.
• Truck Accidents: Collisions with commercial trucks are less common, but they are much more likely to result in deadly accidents due to the size and weight of these vehicles.
• Motorcycle, Bicycle, and Pedestrian Accidents: Each of these individuals has little to no protection from collisions with motor vehicles, and those collisions can result in significant injury and death.
• Dog Attacks: Bites and attacks by dogs can cause fatal injuries, especially when the victim is young or elderly. The dog owner’s insurance carrier is often liable in these cases.
• Defective Products: Dangerous consumer products can cause significant injury and death. In many cases, the manufacturer’s insurer can be held liable for negligent actions, like a design flaw or a failure to warn users.
• Premises Liability: Hazards on property can sometimes be fatal, such as electrical hazards, unprotected drops, and falling objects. Property owners have differing standards of care depending on the type of property they own and whether a visitor is an invitee, trespasser, or customer.

FAQs About Mehlville, MO Wrongful Death Laws

Where Does the Money Come From in a Wrongful Death Case?

Wrongful death cases are made against the individual or entity that is liable for someone’s death. However, most settlements or verdicts for wrongful death cases in Mehlville are paid by the insurance carrier for that individual or entity. It may be frustrating that the at-fault party will not be directly responsible for the costs, but insurance policies are more likely to provide much more compensation for your family after a successful case than the at-fault party.

What Are the Elements of a Wrongful Death Case?

A successful wrongful death case requires evidence and proof of the following elements:

1. The party you are claiming to be at fault for the death owed the deceased a duty of care.
2. The party breached that duty of care through a negligent act or the failure to act.
3. Their negligent behavior directly caused the injury or accident that led to the victim’s death.
4. The surviving family sustained recognized wrongful death damages because of their loss.

An experienced attorney can gather relevant evidence to prove these elements and the damages a family has sustained.

Who Gets the Money in a Wrongful Death Case in Missouri?

The people who get the money in a wrongful death case in Missouri are the parties entitled to recover compensation and pursue the case, which typically includes immediate family members. The final settlement or verdict can be distributed to the deceased’s beneficiaries or heirs under Missouri law if the death occurred in Missouri.

If there are multiple individuals entitled to the compensation, they could file jointly and then distribute the money after a settlement or verdict. This has the potential to be complicated and result in disputes, but this process can be much easier with legal representation.

Who Can Sue for Wrongful Death in Missouri?

Surviving family members can sue for wrongful death in Missouri. These individuals can pursue action in a specific order, which is:

1. A surviving spouse, children, descendants of deceased children, or parents
2. Surviving siblings or the descendants of deceased siblings if none of the prior family members can file a case
3. A plaintiff ad litem, appointed by the court, if no prior family members can pursue a case

Family members qualify whether they are natural or adopted relatives.

Contact a Skilled and Effective Legal Team in Mehlville

If you have lost a loved one because someone else was irresponsible or reckless, The Cagle Law Firm can represent you. Contact our firm today for compassionate legal care.