Springfield Wrongful Death Attorney

Filing A Wrongful Death Claim In Springfield, MO

What Is Wrongful Death?

Wrongful death in Missouri occurs when a person's death is directly caused by the negligent, reckless, or intentional actions of another. This means there must be a clear causal link between the defendant's conduct and the decedent's death. In essence, the defendant's actions (or inaction) must have been a substantial factor in bringing about the fatality. Missouri law recognizes the profound impact such a loss has on surviving family members, which is why it allows them to seek compensation through the legal system.

It's a type of personal injury claim where the survivors of the deceased person can file a lawsuit to seek compensation for their losses. This includes not only economic damages like lost wages or medical expenses but also non-economic damages such as emotional pain and loss of companionship, ensuring a comprehensive remedy for the family affected.

Missouri Wrongful Death Accident Statistics

In 2023, Missouri saw a significant reduction in traffic fatalities, with a total of 989 reported statewide, down from 1,057 in 2022. However, according to MODOT, certain types of fatal accidents remained prevalent: lack of seat belt use, distracted driving, speed, and impairment. For example, there were 125 fatal drunk driving accidents, though this was a reduction from the previous year. Missouri saw a record high in motorcyclist fatalities, with 175 deaths. These statistics highlight ongoing safety challenges in the state and underscore the importance of vigilance on the roads. Additionally, work zone accidents in Missouri resulted in two wrongful deaths, reflecting ongoing risks in these high-traffic areas. According to the Governors Highway Safety Association (GHSA), pedestrian deaths also saw a concerning rise, with a 28% increase from previous years.

Common Causes of Wrongful Death

Examples of wrongful acts that could lead to a wrongful death claim include:

• Car accidents: Negligent driving, such as speeding or drunk driving, can result in fatal crashes. This risk is compounded in high-traffic or poorly lit areas, emphasizing the need for constant awareness and caution.
• Truck accidents: Overloading, driver fatigue, maintenance issues, improper loading, and aggressive driving can contribute to fatal crashes. Misjudgments in speed or distance when near large vehicles can prove deadly, making safe driving around them crucial.
• Pedestrian accidents: Negligent drivers who may strike pedestrians can be held liable for wrongful death. This is particularly concerning in urban areas where pedestrian foot traffic and vehicle traffic intersect their paths.
• Motorcycle accidents: Failure to yield, improper lane changes, or other negligent driving can lead to fatal motorcycle accidents, as motorcyclists are often less protected than those in cars.
• Bicycle accidents: Drivers who fail to share the road or strike cyclists can be liable for wrongful death, underscoring the importance of awareness and road-sharing.
• Product liability: Defective products that cause injuries or death can lead to wrongful death claims against the manufacturer or seller, highlighting the critical need for consumer product safety and accountability.
• Workplace accidents: Employers have a duty to provide a safe working environment, and failure to do so can result in fatal accidents. Ensuring proper training and maintenance of safety protocols is essential.
• Construction accidents: Inadequate safety measures, such as lack of fall protection, improper storage or handling of heavy materials, or exposure to live electrical wires or equipment, can lead to fatal falls, heavy object falls, or electrocution. The high-risk nature of construction work demands vigilant adherence to safety standards.
• Slip and falls: Negligent property owners who fail to maintain safe premises can be liable for injuries or death. Ensuring regular maintenance and repair of property features like walkways can prevent such tragedies.
• Animal attacks: Property owners may be liable for injuries or death caused by their animals. It's essential to secure potentially dangerous animals to prevent incidents.

Proving Wrongful Death in Missouri

To prove a wrongful death claim in Missouri, you generally need to establish the following elements:

• Duty of Care: The defendant owed a legal duty to the deceased. This could be a doctor-patient relationship, a driver-pedestrian relationship, or an employer-employee relationship, among others. Understanding the specific nature of this duty is pivotal in substantiating the claim.
• Breach of Duty: The defendant breached their duty of care by acting negligently, recklessly, or intentionally. Documenting this breach may involve detailed investigations and gathering comprehensive evidence.
• Causation: The defendant's breach of duty directly caused the decedent's death. This often requires expert testimony to establish a causal link. Expert insights can be crucial in complex scenarios where multiple factors may appear relevant.
• Damages: The plaintiff (survivors of the deceased) suffered damages as a result of the wrongful death. These damages can include loss of financial support, emotional distress, loss of companionship, and funeral expenses. Properly quantifying these losses can significantly impact the outcome of the claim.

The following evidence may be used to support a wrongful death case:

• Medical records: These can help establish the cause of death and any medical negligence. Comprehensive medical documentation can provide clear links between the incident and the eventual outcome.
• Witness testimony: Eyewitnesses can provide valuable information about the accident or event that led to the death. Their firsthand accounts can play a significant role in reconstructing the incident.
• Expert testimony: Experts in various fields, such as medicine, engineering, or accident reconstruction, can provide crucial evidence to support the claim. Their objective analyses often help clarify complex technical details.
• Police reports: These can document the circumstances surrounding the incident. Official records can include critical details like time, place, and conditions present at the time of the incident.
• Photographs and videos: Visual evidence can help illustrate the scene and the events leading up to the death. The ability of visual evidence to convey context and detail often surpasses written descriptions alone.

Who Can File a Wrongful Death Claim in Missouri?

In Missouri, the right to file a wrongful death claim is governed by a specific order of priority under Missouri Revised Statutes § 537.080. The following individuals may file a wrongful death claim:

• Immediate family members: The primary individuals eligible to file are the decedent's surviving spouse, children (including adopted children), or parents of the deceased. Prioritizing these family members acknowledges their direct relationship to the deceased.
• Siblings: If there are no surviving spouses, children, or parents, the decedent's siblings or their descendants may bring a wrongful death claim. This provision ensures that wider familial networks remain considered in obtaining justice.
• Personal representative: If no eligible family members exist, a personal representative of the deceased's estate can file the claim. This role is crucial to ensure that someone legally stands in for the interests of the deceased's estate in the legal process.
• Plaintiff ad litem: If no family members or personal representatives are available or willing to file a claim, the court can appoint a plaintiff ad litem to pursue the claim on behalf of those entitled to the decedent’s estate. This measure ensures that justice can still be pursued even when other personal representatives are absent or unwilling.

Missouri Statute of Limitations for Wrongful Death

In Missouri, the statute of limitations for filing a wrongful death claim is generally three years from the date of the deceased person’s death. This means that surviving family members or eligible parties have three years to file a wrongful death lawsuit in civil court. If a claim is not filed within this time frame, it is likely to be barred, and the right to seek compensation may be lost. Understanding and adhering to this timeline is critical in ensuring that you retain your legal rights. Professional legal guidance from a wrongful death attorney in Springfield can help navigate this timeframe effectively and prevent the chance of forfeiting a claim.

Damages Available in a Wrongful Death Claim

Choosing Aaron Sachs & Associates

The right lawyer can make all the difference in the outcome of a wrongful death action, so it is crucial that you are aware of the proper steps in selecting a legal representative for your important situation.

In choosing a wrongful death lawyer near you, you may want to:

• Work with a lawyer who is experienced. You need a team on your side who knows what lies ahead. Our wrongful death attorneys have over *200 combined years in the legal industry between us. Our longstanding presence ensures we know the challenges families face and how to effectively navigate them.
• Work with a firm whose success is proven. Knowing that your Springfield wrongful death lawyer has successfully helped people in your situation before is invaluable. At our firm, we have assisted our clients in recovering millions of dollars in verdicts and settlements. Our lawyers are members of the Million Dollar Advocates Forum® and the Multi-Million Dollar Advocates Forum®. These recognitions assure clients of our formidable legal capabilities and achievements in obtaining justice.
• Work with a compassionate and understanding firm. Don't choose a law firm that takes on too many situations and treats clients as if they are simply case numbers and stacks of paperwork. At our firm, we are client-centered. The individuals we represent come first. We value our clients and work hard to fight for justice on their behalf. Our commitment to personalized service means focusing on the unique aspects of each client's situation, fostering a supportive environment from beginning to end.

Whether it was a work injury, car accident, medical error, defective product, or anything else that caused your loved one's death, our team at Aaron Sachs & Associates, P.C. is here to help you. We understand the complexities involved and strive to ensure you receive thoughtful guidance throughout the entire process.

Contact our office to request a free consultation and learn how our wrongful death attorneys in Springfield can assist with your wrongful death claim.

Frequently Asked Questions About Wrongful Death Claims

What Types of Compensation Can Be Sought in a Wrongful Death Claim?

In a wrongful death claim, survivors can seek various types of compensation for the losses incurred. Economic damages often include medical and funeral expenses, as well as the loss of income that the deceased would have contributed. Non-economic damages, on the other hand, cover the more intangible losses such as emotional distress, loss of companionship, and consortium.

How Does Missouri Law Define Wrongful Death?

Under Missouri law, wrongful death is defined as a death caused by conduct or negligence that would have entitled the individual to pursue a personal injury claim had they survived. This legal framework allows the surviving family members to step into the legal shoes of the deceased to seek fair compensation for their loss.

What Is the Importance of Timely Filing a Wrongful Death Claim?

Filing a wrongful death claim promptly is crucial because of the statute of limitations, which in Missouri, is three years from the date of death. This timeframe is critical to preserve the right to seek legal recourse. Timely filing ensures that evidence is fresh and witnesses are available, enhancing the claim's effectiveness and credibility.