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 may have 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 to grieving families. 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.

Experienced Representation for Wrongful Death Cases

At Price & Randle Injury Attorneys, our team of experienced wrongful death lawyers is dedicated to helping families who have lost a loved one due to someone else’s negligence or intentional actions. We understand the emotional and financial toll that a wrongful death can have on a family, and we are here to provide compassionate support and aggressive legal representation.

When you choose us to handle your wrongful death case, you can expect:

• Extensive legal knowledge and expertise in wrongful death laws in Missouri
• Thorough investigation and gathering of evidence to build a strong case
• Strategic negotiation with insurance companies and opposing parties
• Skilled courtroom representation if your case goes to trial
• Transparent communication and regular updates on the progress of your case

We understand that no amount of compensation can bring back your loved one, but a successful wrongful death claim can provide financial stability for your family and hold the responsible party accountable for their actions. We are committed to fighting for the justice and compensation that you need and deserve.

Call our office at (573) 444-5555 to schedule a free consultation with our experienced team.

What is Wrongful Death?

Wrongful death occurs when a person dies due to the negligence, recklessness, or intentional act of another party. This type of legal claim allows the survivors or beneficiaries of the deceased to seek compensation for their loss. Unlike criminal cases that punish the wrongdoer, wrongful death claims are civil actions that focus on providing financial compensation to the deceased’s family for their loss, pain, suffering, and the financial impact of losing their loved one.

Wrongful Death Law in Missouri

The wrongful death law in Missouri is governed by Missouri Revised Statutes Section 537.080, which outlines the rights of certain individuals to file a wrongful death claim. This law allows specific family members to file a lawsuit against the responsible party to recover damages resulting from the death.

The individuals who can file a wrongful death claim in Missouri are prioritized as follows:

1. Spouse, children, or parents of the deceased.
2. Siblings of the deceased, if there are no surviving spouse, children, or parents.
3. Personal representative of the deceased’s estate, if none of the above relatives are available.

If none of these parties exist, other relatives by blood or marriage who can show they were dependent on the deceased for at least 50% of their financial support may be allowed to file a claim.

Wrongful Death Elements in Missouri

To successfully prove a wrongful death claim in Missouri, the plaintiff must establish the following elements:

1. Duty of Care: The defendant owed a duty of care to the deceased. This could be a legal duty, such as a driver’s duty to follow traffic laws or a doctor’s duty to provide competent medical care.
2. Breach of Duty: The defendant breached that duty of care through negligent, reckless, or intentional actions. For example, a driver running a red light or a doctor making a fatal error during surgery.
3. Causation: The breach of duty directly caused the death of the victim. The plaintiff must prove that the defendant’s actions were the proximate cause of death.
4. Damages: The death resulted in financial and emotional damages to the surviving family members. This could include funeral expenses, loss of income, emotional suffering, and loss of companionship.

Examples of Wrongful Death

Wrongful death claims can arise from various situations where another party’s actions or inactions lead to someone’s death. Some common examples include:

• Car Accidents: A driver who runs a red light, drives under the influence, or engages in distracted driving that results in a fatal accident can be held liable for wrongful death.
• Workplace Accidents: Unsafe working conditions, lack of proper training, or equipment malfunctions can lead to fatal workplace accidents, giving rise to wrongful death claims.
• Defective Products: Manufacturers can be held liable if a defective product, such as a malfunctioning car part or unsafe drug, causes death.
• Criminal Acts: Assault, manslaughter, or any other intentional act that leads to death can also result in a wrongful death claim in addition to criminal charges.

How Long Does a Wrongful Death Case Take?

The duration of a wrongful death case in Missouri can vary significantly depending on several factors, including the complexity of the case, the willingness of the parties to settle, and the court’s schedule. Generally, the timeline can range from several months to several years.

1. Investigation Phase: Gathering evidence, interviewing witnesses, and obtaining expert testimony can take several months.
2. Filing the Lawsuit: Once the lawsuit is filed, the legal process formally begins. This can include motions, hearings, and procedural steps that take additional time.
3. Discovery Phase: Both parties exchange evidence, conduct depositions, and build their cases. This phase can last anywhere from 6 months to over a year.
4. Settlement Negotiations: Many wrongful death cases are settled out of court. Settlement negotiations can be quick or may drag on for months, depending on how far apart the parties are in terms of settlement amounts.
5. Trial: If the case does not settle, it will go to trial. Trials can last from a few days to several weeks, and it can take additional months to receive a verdict and resolve any appeals.

A wrongful death claim in Missouri is a legal recourse for families who have lost a loved one due to someone else’s negligence or intentional harm. The process involves proving duty, breach, causation, and damages, and it allows certain relatives to seek compensation for their losses. The duration of these cases varies, with many factors influencing the timeline, including the complexity of the evidence and the willingness of the parties to settle. Understanding these elements can help families navigate the legal system during a challenging time.

The team at Price & Randle Injury Attorneys is here to help people navigate a wrongful death claim and grieve their loss.