If you lost a loved one in Chesterfield, MO, due to someone else’s negligence or violence, you may be entitled to compensation. While it won’t take away your pain, it can ease the financial stress you experience. You can trust the Chesterfield wrongful death lawyers at Roach Law Car Accident Lawyers to help you navigate this difficult time. Contact us today at (636) 519-0085 to schedule a consultation.
For over two decades, families in Chesterfield have turned to Roach Law Car Accident Lawyers for help. We’re nationally acclaimed civil litigators whose collective experience spans more than 30 years. Our tireless pursuit of justice has yielded hundreds of millions of dollars in settlements and jury awards for clients just like you.
Call our law office today to learn about the support we can provide you and your family. We offer a complimentary case evaluation, so don’t hesitate to get in touch today.
How Roach Law Car Accident Lawyers Can Help Your Family After the Wrongful Death of a Loved One in Chesterfield, MO
You need time to grieve. The insurance company knows this, and they’re eager to take advantage of you during this very fragile time in your life. Don’t give them the opportunity. Instead, hire an experienced Chesterfield personal injury attorney to take charge of your wrongful death claim.
Choosing Roach Law Car Accident Lawyers puts trustworthy, respected legal advocates in your corner and forces the insurance company to take your case seriously. We’ve been recognized by Avvo.com, America’s Top 100 Personal Injury Attorneys, the Million Dollar Advocates, The National Trial Lawyers, and other legal organizations for our compassionate client care and top-tier case results.
When you ask for our help in Chesterfield, Missouri after the avoidable death of someone you love, you can count on us to:
- Answer your questions and provide guidance throughout the legal process
- Independently investigate the circumstances surrounding their fatal accident
- Evaluate medical records, accident reports, video footage, photographs, forensic reports, eyewitness testimony, and other evidence we gather during the discovery process
- File your wrongful death claim with the appropriate insurance company and/or St. Louis County court clerk
- Assess your family’s losses and calculate what your wrongful death case is worth
- Devise a strategy to deal with claims of contributory negligence that might be raised by the defense
- Seek a maximum settlement offer during negotiations
- Represent your family’s best interests at trial if the party responsible for your loved one’s tragic death refuses to take accountability
Our law firm is here to support you during this incredibly trying time. Take the time you need to grieve and count on us to handle the rest. We handle wrongful death claims on a contingency fee basis. Pay nothing until we’ve recovered compensation on your behalf.
Call our Chesterfield law office to learn more. There is no charge for your initial case assessment.
What is Wrongful Death?
Pursuant to Mo. Rev. Stat. Section 537.080, a wrongful death is the result of any “act, conduct, occurrence, transaction, or circumstance which, if death had not ensued, would have entitled such person to recover damages in respect thereof.”
More simply put, a wrongful death occurs when a person’s death is the result of negligence or criminal misconduct, and the victim would have had the right to sue if they’d survived.
Many times, wrongful death claims arise as a result of:
- Car accidents
- Truck accidents
- Bicycle accidents
- Pedestrian accidents
- Uber and Lyft rideshare accidents
- Motorcycle accidents
- Boating accidents
- Mass transit accidents
- Slip and fall accidents
- Construction accidents
- Workplace accidents
- Medical malpractice
- Nursing home abuse
- Product liability
- Dog bites
- Assault
- Sexual assault
The right to file a civil lawsuit for damages doesn’t disappear just because the victim dies. Rather, it shifts to another party to ensure that the at-fault party is held accountable for their actions and that any damages are paid.
Who Can Bring a Wrongful Death Action in the State of Missouri?
Not just anyone has the right to file a wrongful death lawsuit in the state of Missouri.
In order of priority, this right belongs to:
- The surviving spouse
- Children or surviving lineal descendants
- Parent(s)
- Siblings or their descendants
If no family members survive, the right to seek compensation through a wrongful death claim can belong to a personal representative of the decedent’s estate, as appointed by a judge.
How Can Shared Fault Affect a Missouri Wrongful Death Settlement?
Missouri’s pure comparative negligence statute applies to civil personal injury cases – including claims of wrongful death. As a result, the decedent’s contribution to their fatal accident will directly affect the family’s ability to recover compensation.
Specifically, damages will be reduced proportionately to the decedent’s shared fault. The more responsibility they bear for the accident that caused their death, the less compensation the family will be able to recover in a wrongful death lawsuit.
For instance, you could expect to recover 50 percent of the value of your wrongful death claim if your spouse, who was recently killed in a Chesterfield car accident, was assigned half of the blame for the crash.
At Roach Law Car Accident Lawyers, we appreciate that your family member is not here to tell their side of the story or dispute claims of shared fault. Our Missouri wrongful death attorneys in Chesterfield will be here to give them a voice, challenge allegations of fault, and fight to protect your family’s ability to recover compensation for your devastating loss.
What Types of Damages Can Be Awarded in a Chesterfield Wrongful Death Case?
Wrongful death claims are different from other types of personal injury cases. This is perhaps most evident in terms of the types of damages that can be awarded. In Missouri, plaintiffs in a wrongful death case are only entitled to recover compensation for pecuniary – or economic losses.
This can include money for:
- Costs and expenses related to the decedent’s funeral and/or burial
- Lost financial support, including wages, income, and benefits
- The value of lost services, companionship, comfort, instruction, and support provided by the decedent
- The value of care services provided for a child, an adult over the age of 65, or a disabled person (totaling 110 percent of the state’s average weekly wage)
Punitive damages can also be awarded if a wrongful death lawsuit goes to trial and a St. Louis County jury finds that the defense acted intentionally or with gross negligence.
Survival Actions Can Seek Non-Economic Losses Suffered By the Decedent
While family members cannot recover non-economic damages for the suffering they’ve experienced in the wake of a devastating loss, Missouri does allow the recovery of pain and suffering experienced by the deceased.
Through a survival action, the victim’s estate can request compensation for the financial costs and suffering the decedent experienced before their death. Note that survival actions are only appropriate when a victim survives for some period of time after they sustain their ultimately fatal injuries.
What is the Statute of Limitations on Wrongful Death Lawsuits in Missouri?
Missouri applies a three-year statute of limitations to civil wrongful death claims. This gives you until the third anniversary of your loved one’s untimely death to formally request compensation from an insurance company or another responsible party.
Once the statute of limitations runs out, your family loses the ability to demand justice for the death of your loved one.
Don’t stress about filing deadlines and procedural requirements after the death of someone you love. Focus on your grief and trust our Chesterfield wrongful death attorneys to help you navigate a complex lawsuit and fight for the compensation you deserve.
Schedule a Free Case Evaluation With an Experienced Chesterfield Wrongful Death Lawyer
Call Roach Law Car Accident Lawyers after you’ve experienced the sudden and wrongful death of a family member in Chesterfield, Missouri. Whether their death was the result of an accident or an act of criminal violence, our Chesterfield wrongful death lawyers are here to help you demand justice.
We’re top-rated Missouri litigators with more than three decades of collective experience fighting for injury victims and families. As tireless advocates, we’ve successfully obtained hundreds of millions of dollars in monetary awards.
Don’t settle for less than your family deserves. Trust us to help you maximize your recovery. Call our Chesterfield law office to schedule a free consultation.
