If you recently lost a loved one due to someone else’s wrongful or negligent act, you may be entitled to demand comprehensive compensation for every form of harm you and your family will experience. However, navigating the process of filing a claim can be both procedurally and emotionally challenging, particularly when the trauma of your loss is still fresh in your mind.

Support from a dedicated Eureka wrongful death lawyer could be vital to pursuing justice for your loved one and protecting your family’s future prospects. Once retained, a seasoned personal injury attorney could help you compile evidence, assemble your case, and collect the compensation you deserve.

Recovering for All Available Damages

The primary purpose of wrongful death litigation is to provide restitution to the surviving family members of someone who lost their life in an accident or criminal act. Financial compensation helps these family members handle unexpected expenses associated with the loss. Missouri Revised Statutes §537.090 states that, through a wrongful death claim, family member can collect compensation for:

  • Lost financial support and employment benefits the decedent would have provided
  • Lost companionship, comfort, counsel, and guidance
  • Lost consortium
  • Funeral and burial expenses
  • Medical bills for any care the decedent received between being injured and passing away
  • The decedent’s pain and suffering

Additionally, if the decedent was the primary caregiver for a minor child, a disabled adult, or a senior, there is a rebuttable presumption under state law that surviving loved ones are eligible to receive 110 percent of the state’s average weekly wage as restitution for lost services. A wrongful death attorney could go into more detail about compensation during an initial consultation.

How State Law Governs Wrongful Death Cases

Notably, state law is also specific about which family members are eligible to file a wrongful death claim. According to Mo. Rev. Stat. §537.080, first priority goes to the decedent’s surviving spouse, child(ren), and/or parent(s), or to the decedent’s grandchildren if their children are also deceased. If none of those parties are available, the right to file a wrongful death claim passes to the decedent’s sibling(s) and/or the descendants of those siblings, and finally to a court-appointed “plaintiff ad litem” if applicable.

It is also worth noting that Mo. Rev. Stat. §537.100 sets a filing deadline of three years after a wrongful death occurs. Failing to file a claim within this deadline will almost always lead to the court throwing the case out entirely, but a wrongful death lawyer in Eureka could help a family keep their case on track.

Consider Working with a Eureka Wrongful Death Attorney

Losing a loved one before their time is a tragedy, and when their death is the result of someone else’s negligence, the pain and grief can be even more overwhelming. In a situation like this, having a compassionate and experienced legal representative by your side can make a world of difference in how effectively you can enforce your right to fair financial recovery.

A seasoned Eureka wrongful death lawyer could provide custom-tailored support from start to finish of your legal proceedings. Call today to schedule a consultation and begin working with our dedicated legal team.