Kirkwood Wrongful Death Attorney

Raising a loved one is always difficult. But losing a loved one due to another party’s negligence or wrongdoing can leave you confused, angry, and devastated.

Missouri law gives certain surviving family members the right to pursue financial compensation for a wrongful death. However, you must first prove that the defendant was at fault. You need a skilled, experienced Kirkwood wrongful death attorney to help you build your strongest claim and recover the compensation you are entitled to.

The compassionate wrongful death attorneys at Miller & Hine have decades of combined experience protecting the rights of injury victims and securing the maximum compensation possible for our clients. We want to do the same for you.

Call (314) 413-2053 or visit our contact page and schedule a free consultation. We will listen to you, answer your questions, and explain your rights. If we represent you, we will work tirelessly to recover the full value of your claim.

Why Clients Trust Miller & Hine

• Our compassionate Kirkwood wrongful death attorneys understand that no amount of money can ever make up for your loss. However, we know that recovering financial compensation can help ease some of the burdens caused by your loved one’s death.
• We genuinely care about you and your family, and we want to walk alongside you during this difficult time, guiding you through the legal process of recovering the compensation owed to you.
• We will pay all costs associated with pursuing your wrongful death claim upfront, and you will pay nothing until we secure compensation on your behalf.

Who Can File a Missouri Wrongful Death Claim?

Missouri Revised Statutes §537.080 establishes the right to bring a wrongful death claim, providing:

“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 in respect thereof, the person or party who, or the corporation which, would have been liable if death had not ensued shall be liable in an action for damages, notwithstanding the death of the person injured, which damages may be sued for:

•  By the spouse or children or the surviving lineal descendants of any deceased children, natural or adopted, legitimate, or by the father or mother of the deceased, natural or adoptive;

• 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, who can establish his or her right to those damages set out in section 537.090 because of the death;

• If there be no persons in class (1) or (2) entitled to bring the action, then by a plaintiff ad litem. Such plaintiff ad litem shall be appointed by the court having jurisdiction over the action for damages provided in this section upon application of some person entitled to share in the proceeds of such action. Such plaintiff ad litem shall be some suitable person competent to prosecute such action and whose appointment is requested on behalf of those persons entitled to share in the proceeds of such action. Such court may, in its discretion, require that such plaintiff ad litem give bond for the faithful performance of his duties.

Thus, the surviving spouse, children, or descendants of any deceased children, and parents are entitled to recover damages in a wrongful death claim. They are designated as “Class 1.”

If no one is entitled to bring the wrongful death claim as a Class 1 survivor, Class 2 survivors may bring the suit. Class 2 includes siblings and the children of deceased siblings.

If no one exists in Class 2, the court may appoint what is known as a plaintiff ad litem to bring the suit on behalf of surviving more distant relatives.

Compensation in Kirkwood, Missouri, Wrongful Death Claims

Survivors entitled to bring a wrongful death claim may be able to recover economic damages such as lost wages, benefits, and financial support the loved one would have provided had they not died. These damages are calculated by considering the deceased person’s age, health status, employment history, career trajectory, and life expectancy.

Survivors may also be able to recover compensation for the value of services the deceased person would have rendered had they survived, such as household services, childcare, elder care, home maintenance, and other contributions.

Non-economic damages may also be recovered, including for loss of companionship, comfort, guidance, emotional support, and guidance the deceased person would have provided to their family had they survived. Additionally, survivors may be entitled to compensation for the deceased person’s pain and suffering experienced between the injury and death.

In rare cases, punitive damages may be awarded. Punitive damages, also known as exemplary damages, are intended to punish the wrongdoer and deter similar future behavior. In Missouri, punitive damages are only awarded when the defendant’s actions are particularly egregious.

Missouri’s Wrongful Death Statute of Limitations

A statute of limitations is a law that sets a deadline to file a claim to recover financial compensation in a wrongful death case. If you miss your filing deadline, you will not be able to recover compensation.

The Missouri statute of limitations for wrongful death claims is three years. This means you have three years from the date of your loved one’s death to file a claim for damages.

However, there are certain exceptions to the three-year deadline. You may have a much shorter filing deadline or may have a more extended deadline, depending on the specific facts of your situation. You must promptly consult an experienced Missouri wrongful death attorney to determine your filing deadline.

How a Kirkwood Wrongful Death Attorney Can Help You

An experienced Kirkwood wrongful death attorney can investigate the accident or incident that caused your loved one’s death to identify all possible causes and potentially liable parties. They can take action to help preserve evidence before it is lost or destroyed, and work to build your most substantial claim.

Your attorney can help establish and accurately value your damages and negotiate with insurance companies and defense attorneys to reach a fair settlement as quickly as possible. If a fair settlement is not reached, your attorney can take your case to trial to help you recover the compensation you are entitled to.

Schedule a Free Consultation With a Kirkwood Wrongful Death Attorney

If you have lost a loved one due to another party’s negligence or wrongdoing, you may have the right to bring a wrongful death claim. At Miller & Hine, our Kirkwood wrongful death attorneys have the experience and skills to protect your rights and help secure the maximum possible compensation for you.

Call (314) 413-2053 or complete the short form on our contact page to schedule a free consultation to discuss your claim.