A serious injury often has long-ranging effects not only on the injury victim but also on their family members and those close to them. Some of these effects are purely emotional, such as worry, anxiety, concern, and grief over a loved one’s serious injury. But what if a personal injury causes unforeseen economic damages to family members? Can family members pursue compensation in a personal injury case in Missouri?
Only Under Limited Circumstances Can a Family Member Receive Compensation
Most Missouri personal injury claims are made against liable parties due to their negligent actions, which caused damages to the injury victim. These claims are filed by the injury victim or their Kansas City personal injury lawyer who suffers physical harm and related damages, such as medical expenses, out-of-pocket costs, lost wages, and pain and suffering. However, under some circumstances, a close family member or appointed representative may be able to recover compensation for damages specific to them, including for the following:
- A parent’s lost income due to caring for an injured child
- An appointed legal representative pursuing a claim for an incapacitated family member
- A close family member who suffered damages due to a loved one’s wrongful death
- A spouse may sue for loss of companionship and consortium if their spouse’s personal injury causes a catastrophic injury, such as a traumatic brain injury, that adversely impacts the physical and emotional loving relationship they enjoyed before the injury
A family member must prove a measurable economic loss and non-economic loss, like emotional anguish, to pursue compensation if they are not the injury victim in the case. When parents wish to seek compensation for a child’s personal injury, the Missouri court appoints a guardian ad litem to file the claim for the child, rather than the parent. The legal representative may also oversee the funds until the child comes of legal age.
Compensation to Family Members In a Wrongful Death Case
Wrongful death claims are the most common way that family members recover compensation for a loved one’s personal injury. Under Missouri § 537.080,, the law states the following: “Whenever the death of a person results from any act, conduct, occurrence, transaction, or circumstance which, if death had not ensued, would have entitled such person to recover damages … if death had not ensued shall be liable in an action for damages… by the spouse or children or the surviving lineal descendants of any deceased children, natural or adopted, legitimate or illegitimate, or by the father or mother of the deceased, natural or adoptive … or If there be no persons in class (1) entitled to bring the action, then by the brother or sister of the deceased, or their descendants…” In other words, the closest surviving family member may file a compensation claim against an at-fault party if their negligent or wrongful behavior caused a fatal personal injury. In wrongful death cases, the family member could recover compensation for:
- Medical, funeral, and burial expenses
- Lost income for the number of earning years the decedent had left to them had they not died
- Compensation for loss of household services
- Compensation for emotional grief and anguish
- Compensation for the loss of a parent’s support and guidance or loss of consortium for a spouse’s death
Although wrongful death claims are the most common way a family member receives compensation for a loved one’s personal injury, in some cases, family members may pursue similar compensation for a loved one’s catastrophic injury, such as a brain injury with severe permanent impairment.