Joplin Wrongful Death Attorney

Aaron Sachs & Associates, P.C. Offers Moral & Legal Support

Losing a loved one will always be difficult, but it is downright painful and harrowing when they pass away in a preventable accident. If your loved one died due to someone else’s mistakes, then you should let Aaron Sachs & Associates, P.C. in Joplin know what happened right away. We can assist you from start to finish with a wrongful death claim that pursues justice and compensation from those who took your loved one away from you. We know that this is a sensitive issue, so we progress cases intentionally and never rush you.

Get a free consultation with our Joplin wrongful death lawyer by dialing (888) 287-1046 now.

Common Causes of Wrongful Death

A wrongful death is categorized as a death that could have been prevented and that was caused by some type of negligence. Essentially, if the person who passed away could have filed a personal injury claim if they had survived their injuries, then a wrongful death claim is validated. Just as there are many sources of accidents, there are that many potential sources of wrongful deaths and the consequence claims or lawsuits.

Some of the most common causes of wrongful deaths are:

• Car accidents: Motor vehicle accidents are one of the leading causes of catastrophic injury in the country, as well as accidental deaths.
• Truck accidents: Collisions with big rigs and semi-trucks are even more dangerous than car crashes, but they happen less frequently.
• Medical malpractice: A recent John-Hopkins University study determined that medical errors were the third leading cause of death in the country.

Proving Wrongful Death

To succeed in a wrongful death lawsuit in Missouri, the plaintiff (typically a surviving family member or legal representative) must prove several key elements. These elements are similar to those in a general negligence case, but specifically tailored to the wrongful death context:

1. Death of a Person: There must be evidence that a person has died. The death can result from injuries caused by negligence, recklessness, or intentional misconduct.
2. Wrongful Act, Negligence, or Default: The death must have been caused by a wrongful act, neglect, or default of another person or entity.
3. Causation: There must be a direct link between the defendant’s conduct and the death. The plaintiff must prove that the death would not have occurred but for the defendant’s actions or inaction.
4. Legal Right to Sue: Only certain people have the right to file a wrongful death claim under Missouri Revised Statutes § 537.080.
5. Damages: The plaintiff must show that the death resulted in damages.

Who Can File a Wrongful Death Claim?

Missouri only allows certain people with relations to the deceased to file a wrongful death claim. Furthermore, the ability to file a claim is based on a set order among those people. If the first person in the order does not want to file or cannot, then the second person can, and so on.

The order of potential claimants for a wrongful death claim are:

• Spouse, parents, or children
• Sibling
• Court-appointed claimant

Our Joplin wrongful death attorneys can help you understand if you have the ability to file a wrongful death claim or survival action. If you do, then we can inform you about what to do next.

What Damages Can Be Recovered

The damages in a wrongful death claim are the monetary amounts owed to the deceased’s loved ones in relation to the preventable or accidental death. It is similar to a personal injury case and its damages, but noticeably dissimilar in this way, too.

In Missouri, the damages in a wrongful death claim can include:

• Costs for a burial and funeral, capped to a “reasonable” amount.
• Medical costs incurred due to the deceased’s final medical treatments.
• Pain and suffering endured by the deceased before their passing and caused by their injury.
• Income the deceased would have likely earned in life.
• Value of the companionship and day-to-day care provided by the deceased.

Statutes of Limitations for Wrongful Deaths

There is a three-year statute on wrongful death claims in Missouri. It begins on the date of the deceased’s death, not necessarily the day that they suffered their fatal injury or illness. When the three-year statute of limitations expires, you cannot pursue legal action against the liable party in nearly every circumstance. While you are grieving, do not lose track of the days so much so that you risk missing your opportunity to seek compensation and justice in your loved one’s name.

We’re Here to Protect Your Rights

To handle your wrongful death case in a way that meets your expectations and respects the emotional toll you are carrying now, work with Aaron Sachs & Associates, P.C. Our Joplin wrongful death lawyers are here to guide you through your case and create a claim that is strong enough to bring against major insurance companies and other liable parties.

Dial (888) 287-1046 right away if you need our help with a wrongful death case.