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.

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.

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. Additionally, work zone accidents in Missouri resulted in two wrongful deaths, reflecting ongoing risks in these high-traffic areas. According to 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.
• Truck accidents: Overloading, driver fatigue, maintenance issues, improper loading, and aggressive driving can contribute to fatal crashes.
• Pedestrian accidents: Negligent drivers who strike pedestrians can be held liable for wrongful death.
• Motorcycle accidents: Failure to yield, improper lane changes, or other negligent driving can lead to fatal motorcycle accidents.
• Bicycle accidents: Drivers who fail to share the road or strike cyclists can be liable for wrongful death.
• Product liability: Defective products that cause injuries or death can lead to wrongful death claims against the manufacturer or seller.
• Workplace accidents: Employers have a duty to provide a safe working environment, and failure to do so can result in fatal accidents.
• 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.
• Slip and falls: Negligent property owners who fail to maintain safe premises can be liable for injuries or death.
• Animal attacks: Property owners may be liable for injuries or death caused by their animals.

Proving Wrongful Death in Missouri

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

1. 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.
2. Breach of Duty: The defendant breached their duty of care by acting negligently, recklessly, or intentionally.
3. Causation: The defendant's breach of duty directly caused the decedent's death. This often requires expert testimony to establish a causal link.   
4. 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.

Key Evidence

• Medical records: These can help establish the cause of death and any medical negligence.
• Witness testimony: Eyewitnesses can provide valuable information about the accident or event that led to the death.
• Expert testimony: Experts in various fields, such as medicine, engineering, or accident reconstruction, can provide crucial evidence to support the claim.
• Police reports: These can document the circumstances surrounding the incident.
• Photographs and videos: Visual evidence can help illustrate the scene and the events leading up to the death.

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:

1. Immediate family members: The primary individuals eligible to file are the decedent's surviving spouse, children (including adopted children), or the parents of the deceased.
2. Siblings: If there are no surviving spouses, children, or parents, the decedent's siblings or their descendants may bring a wrongful death claim.
3. Personal representative: If no eligible family members exist, a personal representative of the deceased's estate can file the claim.
4. 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 case on behalf of those entitled to the decedent’s estate.

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.

Damages Available in a Wrongful Death Claim

Choosing Aaron Sachs & Associates for Your Wrongful Death Representation

The right lawyer can make all the difference, so it is crucial that you are aware of the proper steps in selecting a legal representative for your important case:

• Work with a lawyer who is experienced. You need a team on your side who knows what lies ahead. Our lawyers have over 200 combined years in the legal industry between us.
• Work with a firm whose success is proven. Knowing that your Joplin 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®.
• Work with a compassionate and understanding firm. Don't choose a law firm that takes on too many cases 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.

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.

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