Oakville, MO Wrongful Death Lawyer

Oakville, MO Wrongful Death Attorney

A death is an incredibly difficult thing for a family to deal with, regardless of the circumstance. When another party’s actions or failure to act causes a loved one’s death, it can feel even more unfair and confusing. In these situations, family members can file a wrongful death claim. This process is much easier to manage with an Oakville, MO, wrongful death lawyer. A lawyer understands the requirements of this type of case and expertly manage the case so that you can focus on putting your life back together.

The loss of a loved one is so many things in addition to possibly creating financial stressors through the costs of a funeral, medical bills, and the loss of personal and financial support. These losses can begin to be address with a wrongful death case, enabling families to seek much needed compensation.

The Cagle Law Firm: Committed to Supporting Oakville Families

Although a wrongful death case is a type of personal injury case, the legal process is a little different than just filing an injury claim for your own personal injuries. It is not easy to navigate this process while you are grieving. At The Cagle Law Firm, we assist families going through this nightmare. We have significant experience in these types of cases and have been honored that so many families trusted their loved one’s story with our firm.  Each one of these wrongful death cases have been personal for our attorneys.  We have history of success in claims against at-fault parties for their part in someone’s wrongful death. While nothing about a wrongful death case is easy for the family, we manage the steps in the process for the family.

Wrongful Death Claims in Missouri

A wrongful death claim is a type of personal injury claim. It can be filed in Missouri when someone is fatally injured due to the negligence of another party. Whether the individual dies at the scene of the accident or due to complications from their injuries, there are certain family members that can file on behalf of the deceased.

What Damages Are Available in a Wrongful Death Claim?

The damages available in a wrongful death claim vary based on the circumstances of their death, medical bills prior to death and their economic contributions to their families. Some of the potential damages available in a wrongful death claim include:

• Medical bills if there were costs for medical treatment after the injury but prior to their death
• Funeral and burial or cremation costs, along with other necessary end-of-life expenses
• Lost financial contributions and monetary support that the deceased provided to their family
• Lost household services and support
• Loss of inheritance that beneficiaries would have received
• Noneconomic damages, including the loss of companionship and consortium, mental suffering, and physical pain of the deceased before death
• Punitive damages if the actions of the at-fault party were grossly negligent

Each wrongful death claim has unique circumstances, and the estimated amount of damages rely entirely on the losses that an individual and their family have suffered. Of course, the resulting compensation does not replace the immense loss of a loved one. However, it can provide you and your family with some compensation to address some future challenges but also allows you to hold the at-fault party accountable for their actions.

Types of Wrongful Death Claims

Any situation that results in a personal injury claim may also result in a wrongful death claim, but some accidents are more likely to result in fatalities than others. Common types of wrongful death claims include:

• Car accidents
• Commercial truck accidents
• Bicycle and pedestrian accidents
• Motorcycle accidents
• Dog attacks
• Workplace accidents
• Railroad accidents
• Medical malpractice
• Dangerous products
• Premise liability and slip and falls

These accidents can sometimes result in severe injuries, like spinal cord injuries, internal organ damage, and traumatic brain injuries. If you are unsure whether you have a viable wrongful death claim in Oakville, Missouri, an attorney can analyze your case and determine your options for compensation.

FAQs

Q: Who Can Sue for Wrongful Death in Missouri?

A: Surviving family members can sue for wrongful death in Missouri in the following order:

1. The deceased’s spouse, children, descendants of any deceased children, or parents of the deceased, whether related by blood or adoption
2. The deceased’s siblings or the descendants of any deceased siblings
3. A plaintiff ad litem appointed by the court or personal representative listed in the deceased’s will

These individuals can file a wrongful death case when the deceased would have been eligible to file a personal injury claim if they had lived.

Q: How Long Do You Have to File a Wrongful Death Claim in Missouri?

A: You have three years to file a wrongful death claim in Missouri. This three-year countdown begins from the date of the individual’s death. This is called the statute of limitations, which requires civil claims to be filed by claimants in the appropriate court within a certain period of time. If you fail to file a wrongful death claim in that time, you are forever barred from making a claim regardless of the merits of your case. If you are unsure whether you still have a wrongful death case, talk with an experienced attorney.

Q: Is There a Cap on Wrongful Death Damages in Missouri?

A: For most wrongful death cases in Missouri, there is no cap on the damages. However, for medical malpractice claims, there are caps on noneconomic damages. The vast majority of wrongful death cases do not involve medical malpractice.  When making a wrongful death claim due to medical malpractice against a medical provider for their service or failure to provide service, family members cannot recover more than $700,000 in noneconomic damages. Noneconomic damages are losses without a clear numerical value, such as loss of companionship and physical pain. Economic damages, or damages with a set value, do not have a cap.

Q: How Long Does a Wrongful Death Claim Take in Missouri?

A: The amount of time it takes to settle a wrongful death claim in Missouri is entirely reliant on the specifics of a family’s case. This timeline can vary significantly   A quickly resolved case does not always mean it is the best resolved case. In each wrongful death case we do, we consider which options are best for our clients and winning result. Other factors that affect the duration of a case include the:

• Willingness of the parties to negotiate
• Schedule and availability of the court
• Skill of the attorney
• Amount of evidence present in the case

An attorney can provide a clearer picture of how long a wrongful death claim is likely to take in your specific circumstances.

Compassionate Legal Care During a Wrongful Death Claim

After losing a loved one, you should not have to navigate the complex legal steps to secure the compensation you deserve alone. While most lawyers will tell you that cases are just business and not personal, our client’s cases are really personal for us. Our clients count on our results and we do take that really personal. At The Cagle Law Firm, we handle that process for you and hold the at-fault party liable. Contact our firm to see how we can help you.