Webster Groves Wrongful Death Lawyer

Webster Groves Wrongful Death Attorney

Wrongful death cases can be pursued when a family member dies because of the negligence or recklessness of another party.  Knowing death was preventable or negligently caused by another party can make an already difficult situation even more frustrating.  Pursuing compensation can allow families hold the negligent party accountable. A Webster Groves wrongful death lawyer can manage this process for grieving families.

The Cagle Law Firm: Developing Strong Wrongful Death Cases

The legal process of pursuing compensation can be frustrating in ordinary circumstances. When you are dealing with the loss of a loved one, the complex legal process can be even more daunting. At The Cagle Law Firm, we have helped many families after a devastating loss throughout our decades of personal injury law experience. We know how to navigate numerous types of wrongful death cases, holding insurance carriers liable for a family’s loss.

Our team knows how difficult this situation is for families, and how important financial stability can be to keep your family on their feet. We provide compassionate legal representation and significant resources to help you during this time. The Cagle Law Firm understands the importance of providing you with respect, care, and diligent representation.

Wrongful Death Case Basics

Wrongful death cases are pursued when an individual or entity is negligent, and their negligence causes someone’s death or causes someone’s severe injuries that lead to their death. Wrongful death cases are a type of personal injury case. If the individual had survived their injuries, they would have had the grounds to pursue a personal injury case. Because they did not, their family members can pursue compensation instead.

The negligent individual or entity, if they are proven liable, is responsible for the entirety of the economic and non-economic losses of the family. These losses can be recovered by pursuing a case with the insurer of the at-fault party or by pursuing a wrongful death case.

An attorney in Webster Groves can help you navigate a wrongful death case. They can determine if you have the grounds for a case, investigate the cause of death, and gather evidence of liability.

What Are Common Causes of Wrongful Death Cases?

Wrongful death cases happen for many of the same reasons as personal injury cases. However, fatal injuries are more likely in some accidents than others. Some of the common causes of these cases include:

• Car accidents. Car collisions are one of the leading causes of death in the United States. Most motor vehicle accidents are caused by the negligence of a driver because of acts like driving recklessly, not yielding, or being distracted.
• Truck accidents. When commercial trucks collide with smaller vehicles, it can often be fatal for the driver and passengers in those cars. Pursuing compensation for these devastating accidents can be especially complicated.
• Motorcycle accidents. Motorcyclists are at a higher risk of injury in collisions, especially without sufficient personal protection. Motorcyclists account for around 3 percent of the traffic in the United States, yet they are involved in 14.6 percent of roadway fatalities, thus disproportionately represented.  Motorcyclists are 24 times more likely to be involved in fatal crashes than the occupant of a passenger vehicle.
• Bicycle and pedestrian accidents. Bicyclists and pedestrians can be seriously injured and killed when they are struck by motor vehicles. If the driver of the motor vehicle was not paying attention, they could be liable
• Dog bites. Dog attacks are especially likely to be fatal when the victim is a child, elderly, or otherwise vulnerable.
• Defective products. Defective products can include household tools and appliances, children’s toys, and prescription drugs. When a defective product causes injury or death, the manufacturer or designer of the product could be strictly liable.
• Slip-and-fall accidents. These accidents and other premises liability accidents can occur when a property is unsafe. When a hazard should have been addressed by a property owner, they can be held accountable depending on the standard of care they are held to.

There are many other potential causes of wrongful death cases. It is important that you find legal representation that has experience in the types of cases that you must pursue.

FAQs About Webster Groves, MO Wrongful Death Laws

What Is the Statute of Limitations for Wrongful Death in Missouri?

The statute of limitations is three years for a wrongful death case in Missouri. If you do not pursue compensation within the statute of limitations, you will be forever barred from recovering compensation. While three years may seem like it would be plenty of time to pursue a case, you should never wait this long. You should act immediately once you are aware that someone is to blame for the death of your family member. This preserves as much evidence as possible.

Who Can Sue for Wrongful Death in Missouri?

In Missouri, surviving family members of the deceased can pursue a wrongful death case in the following order:

1. The spouse, children, lineal descendants of deceased children, or parents of the deceased.
2. A sibling or the lineal descendants of deceased siblings of the deceased.
3. If none of these family members can pursue a case, the plaintiff ad litem.

Family members are able to pursue a case whether they are natural or adopted or legitimate or illegitimate. A wrongful death case is pursued when the loved one’s death was caused by negligence.

Is a Spouse Responsible for Medical Bills After Death in Missouri?

The deceased’s estate is responsible for covering debts after death in Missouri. If the estate is insufficient, then those who received a non-probate part of the estate are responsible for creditor claims. How this affects a surviving spouse can vary depending on the probate and non-probate distribution of assets, as well as the type of medical bills. If the spouse died because of another’s negligence, medical bills could be covered through a wrongful death case against that party. You should seek expert legal advice from a wrongful death attorney and possibly a probate attorney.

What Is the Wrongful Death Damage Cap in Missouri?

The majority of wrongful death cases in Missouri do not have a damages cap. Surviving family members who are able to pursue a wrongful death case can recover the entirety of the losses they sustained when the at-fault party’s insurer is proven liable. Medical malpractice cases, however, have a cap of $ 828,529 for non-economic losses after the death of a loved one, which might include losses like loss of consortium or pain and suffering.

Managing a Wrongful Death Case in Webster Groves

Compensation can never replace the immense loss of someone you love. It can, however, hold the negligent party accountable. Contact The Cagle Law Firm to see how we can help.