The loss of a loved one is always tragic. It is even more devastating when it is caused by someone else’s misconduct. Whether your family member went to the hospital for routine surgery that was performed incorrectly or was walking down the sidewalk when an impaired driver slammed into them, you have a right to hold the careless or reckless party liable.
We seek just results for your loved one, as well as the financial recovery needed for the family they left behind. While you process your grief, our experienced injury attorneys can begin the legal process of seeking compensation from the responsible parties. A Eureka wrongful death lawyer is ready to help you every step of the way.
What Is Considered Wrongful Death in St. Louis County?
Wrongful death happens when one person’s negligent or purposeful act results in another person’s death. Generally, if the injured party could have filed a personal injury lawsuit for negligence but died from their injuries, the family can step in and file a wrongful death lawsuit. Examples of wrongful deaths are:
- Medical personnel do not take reasonable precautions during surgery, and the patient dies
- A spouse is killed in a car wreck in which the other driver was high on drugs
- A person is robbed, shot, and dies in the parking lot of a mall in a dangerous area with no security
- A shopper who slips on spilled oil in a grocery store left on the floor for several hours dies of a broken neck
- A chemical manufacturer fails to protect workers inhaling toxic fumes, and several employees die from them
- A consumer correctly using a defective product is killed when the product explodes
Wrongful death can occur under various circumstances and involve an array of defendants, including employers, criminals, motorists, product manufacturers, and property owners. To assess a claim for wrongful death, consult a knowledgeable attorney familiar with personal injury claims in Eureka.
Who Can File a Wrongful Death Claim?
Under the Missouri Revisor of Statutes 537.080, only certain individuals can file wrongful death cases, depending on their relationship to the deceased.
The obvious plaintiff is the deceased person’s spouse, with parents, siblings, and children permitted. In Missouri, adopted and illegitimate children can also file suit, as can any lineal descendent of siblings if no one else is available. If none of these potential plaintiffs choose to file a wrongful death suit, the court can appoint a plaintiff. An experienced legal professional could explain the process for filing a wrongful death complaint in Eureka.
Statute of Limitations for Wrongful Death in Missouri
Civil lawsuits are restricted by a time element. Plaintiffs must file within a specific time frame, or generally, they lose the right to file in the future. In Missouri, wrongful death claims usually must be filed within two years of the victim’s passing away.
However, there are exceptions such as victims who are minors and whether criminal acts are behind the tragedy. A proactive Eureka untimely death lawyer could review the circumstances of each situation to make certain filings are submitted on time.
Seek Justice with Help from a Compassionate Eureka Wrongful Death Attorney
Losing a loved one upends your family forever. No words or actions can replace the loss. However, there is something we can do for you. We can help you get the compensation your family will need to carry on and work tenaciously to see justice if someone else is responsible for your loved one’s death.
Our legal professionals are adept negotiators and are dedicated to you and your best interests. If an insurance company is uncooperative, we are not afraid to go to court. Whenever you are ready, call to speak with a loyal Eureka wrongful death lawyer at our firm.