Losing a loved one because of another person’s negligence or wrongful conduct can leave a family facing both emotional loss and unexpected financial strain. A wrongful death claim may allow eligible family members to pursue compensation and hold the responsible party accountable.
The attorneys at Holder Susan Slusher, LLC have represented clients throughout mid-Missouri for more than two decades in serious and complex legal matters. For wrongful death cases, Mike Holder brings extensive personal injury experience, including claims involving motor vehicle accidents, dangerous property conditions, defective products, and medical malpractice. The firm helps families understand their legal options and pursue the compensation available under Missouri law.
Common Causes of Wrongful Death in Missouri
Wrongful death claims can arise from many different circumstances in which negligent, reckless, or wrongful conduct contributes to a person’s death.
Common causes of wrongful death in Missouri include:
- Motor Vehicle Collisions
- Defective or Dangerous Products or Drugs
- Medical Malpractice
- Work-Related Accidents
- Premises Defects
- Criminal Activity or Negligent Security
- Construction Accidents
- Substandard Nursing Home Care.
Whatever your specific circumstances are surrounding the loss of your loved one, our Columbia wrongful death law firm is ready to listen to you and to advise and assist you during this difficult time.
Who Can File a Wrongful Death Claim in Missouri?
Missouri law limits who may file a wrongful death lawsuit. The first group includes the deceased person’s surviving spouse, children, grandchildren, or parents. If none of those individuals are available to bring the claim, a sibling of the deceased or that sibling’s descendants may be eligible.
If there is no eligible person in either group, the court may appoint a plaintiff ad litem to pursue the wrongful death claim.
How Long Do You Have to File a Wrongful Death Claim?
In Missouri, only certain individuals are allowed to pursue a lawsuit as a result of the wrongful death of another, and the lawsuit must generally be filed within three (3) years of the death. Missouri has specific laws on the damages that may be recovered, and these may include an award of additional sums if aggravating circumstances contributed to the wrongful death.
Because waiting too long can affect the ability to bring a claim, families should consider speaking with an attorney as soon as reasonably possible. Certain circumstances may affect how filing deadlines apply to an individual case.
What Must Be Proven in a Wrongful Death Case?
A wrongful death case generally arises when a person dies because of conduct that could have supported a personal injury claim had the person survived. Depending on the circumstances, the claim may involve negligence, unsafe property conditions, professional negligence, a defective product, reckless conduct, or another legally actionable act.
The required evidence depends on how the death occurred. Medical records, accident reports, photographs, witness testimony, expert opinions, employment records, and other documentation may all become relevant when determining responsibility and evaluating the losses resulting from the death.
What Damages May Be Available in a Wrongful Death Claim?
Compensation is usually determined by the financial and personal losses associated with the victim’s death, as well as any residual effects or impact the loss of the individual may incur. Many factors may impact the amount of compensation offered, including the role the victim played for their family, how the loss of the victim impacts the loved ones left behind, and much more.
Losses for which damages may be available include:
- Funeral and burial expenses
- Medical bills related to the deceased person’s final injury or illness
- The pain and suffering experienced by the deceased just prior to death
- The reasonable value of the services, companionship, comfort, guidance, and support the deceased person provided to surviving family members
- The value of child care or elder care the deceased person provided
- The value of wages and benefits the deceased would likely have earned if they had lived
If the deceased person was not employed full-time and was involved in taking care of another family member at least fifty percent of the time, Missouri law creates a rebuttable presumption that the value of the care provided was worth 110 percent of the state’s average weekly wage at the time the death occurred. If the deceased was a child, the value of “lost wages” is based on the earnings of the child’s parent. If both parents worked, their earnings are averaged.
Settlement Approval and Apportionment
All wrongful death cases in Missouri are subject to court procedures governing settlements and the distribution of compensation among those entitled to participate under the law. If a settlement is reached, you may present evidence to the court regarding the settlement’s appropriateness and how the proceeds should be distributed.
The duty and responsibility of approving and apportioning any settlement or verdict in a wrongful death action lies within the trial court’s sound discretion. In this regard, the court must confirm that the proper parties are participating in the proceedings, that the settlement is fair and reasonable for the class members, and that the recovery is fairly and justly apportioned and distributed, considering both pecuniary and non-pecuniary losses. In its discretion, the court may exclude members of a class entirely from a settlement or verdict.
Why Choose Holder Susan Slusher for a Wrongful Death Case?
Wrongful death claims can involve complex questions of liability, damages, insurance coverage, expert testimony, and trial strategy. Mike Holder has more than two decades of experience representing personal injury and wrongful death clients throughout Missouri and has obtained tens of millions of dollars in settlements and verdicts across his injury practice. His work includes cases involving motor vehicle crashes, defective products, unsafe premises, negligent security, and medical malpractice.
The firm also brings substantial courtroom experience to complex litigation. Chris Slusher has tried more than 60 jury trials in state and federal courts, including wrongful death and other serious civil matters, and has handled appeals before Missouri appellate courts and the U.S. Court of Appeals for the Eighth Circuit. This depth of litigation experience supports a thorough, trial-ready approach to serious wrongful death claims.
Wrongful Death Attorney in Columbia, MO
If you would like to seek compensation for your lost loved one, contact the Columbia wrongful death attorneys at Holder Susan Slusher, LLC. Our dedicated and experienced law firm is passionate about serving those who need assistance and justice during such a difficult time in their lives.
Contact Holder Susan Slusher, LLC today and reserve your case evaluation to get started. Call 888-264-4714 to schedule a consultation and discuss your potential wrongful death claim with an experienced Columbia attorney.