Missouri Wrongful Death Attorneys

Compassionate Legal Support for Families in MO

At the Law Office of Tom Wagstaff Jr., we recognize the profound grief and confusion that families in Missouri face when dealing with a wrongful death claim. Our dedicated wrongful death attorneys are here to support you through this difficult time, offering not only our extensive legal expertise but also a compassionate ear. We are committed to seeking justice for your loved one and working tirelessly to help you achieve a sense of closure through a successful wrongful death claim.

We proudly serve clients in Missouri. Call us at (816) 597-4556 to request a free, confidential case review.

Common Causes of Wrongful Deaths in Missouri

A wrongful death occurs due to another party's negligence or intentional actions. Negligence involves failing to exercise reasonable care, while intentional acts are deliberate actions causing harm. Our law firm has extensive experience handling a wide range of wrongful death claims, including various types of fatal accidents and incidents common in Overland Park.

Common causes of wrongful deaths that often lead to claims include:

• Car Accidents: Often resulting from drunk driving, reckless driving, or traffic law violations.
• Truck Accidents: The size and weight of commercial trucks can lead to catastrophic injuries and fatalities.
• Motorcycle Accidents: Motorcyclists are particularly vulnerable in collisions, often resulting in wrongful deaths.
• Medical Malpractice: Includes surgical errors, misdiagnosis, improper treatment, or neglect, leading to fatal outcomes.
• Defective Products: Faulty appliances, unsafe drugs, and other defective products can cause fatalities.
• Slip-and-Fall Accidents: Especially dangerous for seniors, these accidents can result in severe injuries leading to death.

Who Can File a Wrongful Death Lawsuit in Missouri?

Eligibility to file a wrongful death lawsuit varies by state. In Kansas, the following parties are typically allowed to file a wrongful death claim:

• Immediate Family Members: The first priority is given to the decedent's spouse, children (including adopted children), and parents. Any of these family members can file a wrongful death lawsuit.
• Siblings: If there are no surviving spouse, children, or parents, the right to file passes to the decedent's siblings or their descendants (e.g., nieces and nephews).
• Personal Representative: If none of the above parties exist, the court can appoint a personal representative of the deceased's estate to file the wrongful death claim on behalf of the beneficiaries.
• Plaintiff Ad Litem: In cases where there are no eligible family members or personal representatives, a plaintiff ad litem can be appointed by the court to file the wrongful death lawsuit. This is typically done at the request of someone who has a valid interest in the estate.

Missouri law specifies that only one wrongful death lawsuit can be filed per death, so all eligible parties are usually encouraged to join in a single legal action.

Proving a Wrongful Death Lawsuit in Missouri

To succeed in a wrongful death lawsuit in Missouri, you must prove the following elements:

• Duty of Care: Establish that the defendant owed a duty of care to the deceased.
• Breach of Duty: Show that the defendant breached this duty of care.
• Causation: Prove that the breach directly caused the death.
• Damages: Demonstrate specific damages resulting from the wrongful death, such as medical expenses, funeral costs, and lost income.

In Missouri, you must also show that the deceased could have pursued a personal injury claim had they survived, proving they suffered injuries or damages that would have entitled them to compensation.

Damages in a Wrongful Death Claim

Damages in a wrongful death lawsuit are awarded to compensate survivors for their loss and the estate for financial expenses related to the fatal incident. These damages typically fall into two categories: economic and non-economic.

Economic Damages:

• Medical and funeral expenses
• Loss of victim's expected earnings
• Loss of benefits (e.g., pension plans, medical coverage)
• Loss of inheritance
• Value of goods and services provided by the deceased

Non-Economic Damages:

• Loss of love, companionship, or comfort
• Loss of guidance, especially for minor children
• Pain and suffering or mental anguish experienced by survivors

The statute of limitations for filing a wrongful death lawsuit in Missouri is three years from the date of the person's death. This means that the lawsuit must be filed within three years; otherwise, the right to bring the claim may be lost forever.

Will Your Wrongful Death Case Go to Court?

While many wrongful death cases are settled out of court, some may go to trial if liability is disputed or if there is disagreement over the amount of damages. Our Missouri wrongful death attorneys are skilled negotiators and experienced trial lawyers, ready to fight for your rights in any setting.

Our dedicated team is committed to pursuing justice for your loved one while allowing you to focus on grieving and healing. With our extensive experience and deep understanding of wrongful death law, we strive to secure the maximum compensation you deserve.

Your journey toward healing may be challenging, but rest assured, you will not walk alone. We're here to help shoulder your legal burdens, allowing you to honor your loved one's memory and rebuild your life.

For a free, confidential case review, call us at (816) 597-4556 today.