Losing a loved one in an accident is devastating. While it no amount of money could replace your loved one, it could bring your family some stability during this difficult time.

A Ballwin wrongful death lawyer could help you and your family file a civil claim against the party responsible for your loved one’s untimely passing. Allow a compassionate injury attorney to handle the legal process so your family can properly grieve your loss.

Types of Negligence-Based Deaths

Anything that could result in a personal injury could theoretically result in a wrongful death. As such, attorneys in Ballwin could help surviving family members file a civil claim if their loved one passed away due to:

Other instances that could result in the untimely passing of a loved one include nursing home abuse and severe falls. An experienced attorney could provide guidance for these instances as well.

Potential Liable Parties for an Untimely Passing

The at-fault party for a wrongful death depends on how the individual died. If an auto accident caused the death, the driver, or the company they were driving for, could be responsible. If the deceased died because of a product malfunction, the manufacturer, distributor, retailer, or installer could be liable.

Similarly, a construction company that failed to put up proper signage or mark their site’s parameters, a government agency that neglected to issue proper warnings about environmental hazards, or a property owner who allowed their premises to fall into a dangerous state of disrepair are all examples of potentially liable parties.

In a wrongful death case, the surviving family has to prove the death of their loved one occurred because of another party’s failure to fulfill a duty thoroughly and properly. An untimely death attorney in Ballwin could conduct a thorough investigation of the accident and work to gather evidence the reflects the defendant’s negligent behavior or deliberate violation of duty.

Can Any Family Member File a Wrongful Death Claim?

Under Missouri Revised Statute § 537.080, the eligibility for the deceased person’s surviving family members to file a wrongful death suit falls in this order:

  • Spouse, children (natural or adopted, legitimate or illegitimate), parents (natural or adoptive)
  • Siblings or their descendants (if none of the above-mentioned relatives are alive or able to file)
  • Court-assigned representative who may seek damages on behalf of the deceased or entitled family member

Only these individuals are entitled to file a wrongful death claim in Missouri. An experienced attorney in the area could help family members determine who should file a wrongful death claim.

What Damages are Available to the Surviving Family?

Damages a court could award to the plaintiff in a successful wrongful death case can be economic or non-economic. Economic damages account for the tangible, financial losses the family suffered from their loved one’s death, such as lost income if the loved one was the primary breadwinner for the family. Non-economic losses account for the intangible, personal losses suffered by the family. This includes loss of consortium and pain and suffering.

Reach out to a Ballwin Wrongful Death Attorney Right Away

Losing a loved one suddenly in a fatal accident is heartbreaking. If another person is responsible for their death, you may wish to file a claim against them for damages. While money cannot make up for losing your loved one, it can provide financial relief as you grieve. Call today to speak with a compassionate Ballwin wrongful death lawyer.