Wrongful Death Claims
St. Louis Wrongful Death Attorneys
One of the hardest things that a person or family can face in life is the sudden death of a loved one. Besides the deep feelings of grief and sadness from the loss of the loved one’s company and companionship, there follows the realization that there are the unfortunate and sometimes crushing financial burdens. There may be substantial medical expenses, funeral and burial expenses and lost income.
The Surviving Family
Wrongful death claims are made by the surviving spouse, parents, children or other close family members against the person or company who negligently or carelessly caused the death of a loved one. Missouri’s Wrongful Death Statute sets forth who can bring a claim for the wrongful death of a loved one (click here for more information). Under this statute, this type of claim is made to compensate the survivors for, among other things, the loss of the loved one’s companionship, guidance, services, counseling and financial support. Wrongful death claims are different from other injury claims because the claim is authorized and governed by a specific Missouri law or statute. Additionally, wrongful death claims can be much more complicated than other injury claims. As a result, someone who has suddenly lost a loved one due to the carelessness of another person or company should choose carefully the St. Louis wrongful death lawyer that they wish to handle their claim and the claim of their family members.
Immediate Action Necessary
As difficult as it may be during such a tragic time, it is important that actions be taken as soon as possible in any wrongful death claim. Like all injury claims, wrongful death claims have a Statute of Limitations period. This means that a lawsuit must be filed in the appropriate court within a specific timeframe, otherwise the claim will be barred forever and cannot be brought at all. Unfortunately, that timeframe is shorter than some injury claims.
Additionally, it is very important that the Missouri wrongful death attorney that you or your family hire to pursue their claim act quickly as evidence may soon be destroyed or disappear. Witnesses must be located and interviewed by your wrongful death lawyer immediately. Physical evidence must be examined and preserved. For example, photographs must always be taken of the scene of the tragedy.
Which Experts to Hire?
It may be necessary for the Missouri wrongful death attorney handling your claim to hire experts to prosecute the claim. There may be a need for expert medical witnesses, accident reconstruction witnesses, coroners, toxicologists or even police officials. A thorough investigation may also show that there was more than one party responsible for your loss, such as a manufacturer, mechanic, company maintenance worker or a doctor.
Loss of Companionship As Well As the Economic Losses
Attorneys Robert A. Strauss and John M. Cichelero are also very aware that the circumstances of your particular loss must be taken into consideration. Perhaps your loved one was the primary provider in the family. That should certainly be emphasized in your claim. Missouri law provides that the damages for wrongful death include the following: funeral expenses, the reasonable value of the loved one’s services, companionship, comfort, instruction, guidance, counsel, training and support. The court will also hear evidence relating to the personality of the lost loved one, their talents and relationship to you and your family.
Aggravating Circumstances
Your St. Louis wrongful death attorney should also be aware that the Missouri wrongful death law provides that, in a case with appropriate evidence, a person who brings the lawsuit may ask a jury to consider “aggravating circumstances” related to the death when it considers the amount of money to award for the death.
No Fee If No Recovery
For a free consultation regarding any wrongful death matter, contact either attorney Robert A. Strauss or John M. Cichelero. Your claim will be handled on a No Fee if No Recovery basis. If you would like to discuss your claim with either Mr. Strauss or Mr. Cichelero, please email or call toll free at (800) 991-8688. Both attorneys handle cases in St. Louis City, St. Louis County, Jefferson County, St. Francois County, Franklin County, Washington County, Lincoln County, Madison County, Kansas City, Jackson County, Greene County and any other county or city within the State of Missouri.
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