If you lost a loved one because of the careless or reckless actions of another, you are probably angry and heartbroken, among many other things. Losing someone you love is always challenging, but it can feel unbearable when the accident was completely avoidable.
State laws allow for wrongful death lawsuits to provide the surviving family members with compensation for the damages and losses they suffer. These civil claims are complex and require a compassionate attorney who understands the ins and outs of the law, the wrongful death statute, and the civil court. If you lost a loved one because of negligence, contact an experienced Arnold wrongful death lawyer to schedule a consultation.
Who has a Right to File a Wrongful Death Claim?
When a family decides to file a claim after a wrongful death (like someone being killed in a motorcycle accident), they must follow many laws and rules to file the legal paperwork correctly. One of those rules is the right to file a claim with the civil court.
A surviving spouse or the children of the deceased are the first eligible family members with the legal right to file. When there is no living spouse or children, the surviving parents may initiate the claim. The surviving siblings are next, and if there are no siblings, the personal representative of the estate of the plaintiff’s ad litem may file.
It is vital that the family reach out to an Arnold attorney when dealing with the complex process of a negligent passing action. Skilled legal representation could handle the legal work while the family grieves the loss of their loved one.
Damages Available in Arnold Untimely Death Cases
When a family successfully establishes negligence in a wrongful death claim, the court may award compensation for the following expenses, losses, and damages:
- The funeral and burial expenses
- Any outstanding medical expenses for the deceased
- The value of benefits and wages the family lost because of the death
- The surviving family member’s pain and suffering, and
The statute limits the maximum amount of non-economic losses surviving family members can collect in wrongful death claims. Non-economic damages include pain and suffering and the loss of consortium and companionship. The maximum amount the wrongful death legislation will allow for these damages is $350,000. A well-versed lawyer could explain the typical compensation in untimely passing claims.
The Value of Care in Wrongful Death Cases
Value of care is compensation available for the monetary value of the deceased person’s caregiving services. Services can include caring for a child, a disabled person, or a senior. As per Revised Statutes of Missouri §537.090, if the deceased did not work for an employer but provided at least 50 percent of the care for one of the above, the court will calculate the value of care at 110 percent of the state’s average weekly wages. A knowledgeable wrongful death settlement lawyer in Arnold could help determine the total value of care the deceased provided and pursue that amount in damages.
Call a Wrongful Death Attorney in Arnold
If you lost a loved one because of negligent actions, you have the right to hold that party responsible. Every wrongful death claim is unique and requires extensive knowledge of how the laws and court operates.
A seasoned Arnold wrongful death lawyer understands what you are going through and could provide the legal support and knowledge you and your family need. If you are dealing with this unforeseen tragedy, call today to begin the process.
- High Ridge