Missouri Wrongful Death Lawyer
Helping You Get the Justice & Compensation You Need & Deserve
The death of a loved one is tragic, especially when that life is lost at the hands of another person. Losing a family member after someone acted with negligence or intentional wrongdoing puts you in a position where you and your entire family need legal advice fast.
Unfortunately, most insurance companies are less than sympathetic when it comes to giving grieving families compensation. As a survivor, you and your family may be entitled to compensation from the person who caused the loss of life.
Before you file a wrongful death claim, enlist the help of our Missouri wrongful death attorneys at Price & Randle. We can fight for the optimal outcome for your case.
Call our office at (573) 240-8866 to schedule a free consultation with our experienced team.
What Compensation Can I Recover With a Wrongful Death Claim?
Insurance companies do not want you to know your rights so that they do not have to pay you the full and fair value for the claim. In addition to compensation for economic losses, you may also be eligible to receive non-economic compensation. You may also be entitled to compensation from other third parties who played a role in the wrongful death.
With help from a Missouri wrongful death lawyer, you can have confidence knowing that you are getting every penny you deserve after the death of your loved one. Here are some of the types of damages you may be compensated for in a wrongful death claim:
- Loss of income
- Medical expenses
- Loss of love and companionship
- Reasonable expenses for funerals or burials
- Pain, grief, or mental anguish as a result of the loss
Determining the value of a wrongful death claim in Missouri can be very complex. It may also be enormously difficult to think about while grieving the loss of your loved one. This is usually where smart victims make mistakes and trust the settlement offer given by the insurance companies. With an aggressive wrongful death attorney on your side, you can get the compensation you are entitled to after a traumatic event.
Who Can File a Wrongful Death Claim in Missouri?
Missouri has specific regulations about who is able to file a wrongful death claim after the loss of a loved one. The relations who are first in line to pursue a wrongful death claim are the surviving:
- Grandchildren, if parents are deceased
If no one in this first category is still living, then the deceased's person's sibling or their descendants can file a claim. If no one directly related to the deceased person is available, then the court will appoint a “plaintiff ad litem” to handle the claim.
How to Divide a Wrongful Death Settlement
In Missouri, the process of dividing a wrongful death settlement typically involves several steps. Here are the general guidelines:
Determine who is eligible to receive compensation: In Missouri, the following individuals are typically eligible to receive compensation in a wrongful death settlement:
- Surviving spouse or children of the deceased person
- If there is no surviving spouse or children, the surviving parents or siblings of the deceased person
- If there are no surviving parents or siblings, the personal representative of the deceased person's estate
Determine the value of the settlement: The next step is to determine the value of the settlement. This may involve negotiating with the responsible party or their insurance company to arrive at a fair settlement amount.
Allocate the settlement among eligible parties: Once the settlement amount has been determined, it must be allocated among the eligible parties. In Missouri, the distribution of the settlement is typically done as follows:
If there is a surviving spouse but no children, the spouse receives 100% of the settlement.
- If there is a surviving spouse and children, the spouse receives the first $25,000 of the settlement plus half of the remaining amount. The children split the remaining half equally.
- If there is no surviving spouse, but there are surviving children, the settlement is divided equally among the children.
- If there are no surviving spouse or children, the settlement is divided equally among the surviving parents or siblings.
- If there is no surviving spouse, children, parents, or siblings, the settlement goes to the deceased person's estate.
Obtain court approval: Once the distribution plan has been determined, it is important to obtain court approval. This is typically done by filing a court petition outlining the proposed distribution plan. The court will review the plan and, if deemed fair and reasonable, will issue an order approving the distribution.
It is important to note that the above guidelines are general and may not apply to all cases. If you have questions about dividing a wrongful death settlement in Missouri, it is best to consult with an experienced Missouri wrongful death attorney who can provide guidance based on your specific circumstances.
Missouri Wrongful Death Statute Of Limitations
Missouri law allows for a wrongful death claim to be made by the family members of a victim. In Missouri, the statute of limitations for wrongful death cases is three years. If you miss this window of opportunity, you cannot later bring a lawsuit and will be barred from pursuing a claim.
Accidents involving the death of a loved one are understandably difficult for the family to cope with. This is especially true when the death is the result of the negligent acts of another. Through the grief and hardship, pursuing a financial settlement is the furthest thing from your mind; however, it is extremely important to consult an attorney quickly.
The time period in which you are allowed to make a claim may be shorter than other types of accident cases and information regarding the accident must be gathered as quickly as possible. We can help you by providing the support you need and protecting the financial rights of your family.
Get Started on Your Case With a Free Consultation
Any family member is able to file a wrongful death claim in the state of Missouri if you are in the particular class established by statute. This means that if you are a parent who lost an adult child in a wrongful death incident, you have the ability to fight back and seek compensation from the person who took your child’s life. Call Price & Randle today to schedule a free consultation with our wrongful death attorneys in Missouri.