Understanding Wrongful Death Claims

wrongful death claims

Losing a loved one to natural causes is always a difficult and heart-wrenching experience. However, the pain and anguish are compounded when their death is the result of someone else’s preventable negligence. If your loved one has suffered such a fate, you may be entitled to pursue a wrongful death claim. This legal avenue can provide some measure of justice and compensation for the loss you have endured.

The Stats

The CDC provides sobering statistics on this issue. In 2021, the United States recorded nearly 225,000 preventable deaths, a staggering figure that underscores the impact of negligence and avoidable accidents. Among these, motor vehicle crashes were a significant contributor, accounting for 45,000 deaths. These numbers reflect not just statistics, but countless personal tragedies and stories of lives cut short unnecessarily.

Accountability

Wrongful death claims serve an important function in holding responsible parties accountable and can provide financial relief for medical expenses, funeral costs, and lost income. They also highlight the need for systemic changes to prevent future tragedies. By pursuing a wrongful death claim, families can help ensure that the negligence or misconduct that caused their loved one’s death does not happen again.

Who can bring a wrongful death claim?

But who can bring a wrongful death claim? You can read about this information on our website under the Wrongful Deaths section, but you can also read on to find the information below. In the state of Missouri, RSMo 537.080 tells us there are three classes of statutory beneficiaries who can make a claim:

  • Class one: The spouse, child, surviving lineal descendants (natural or adopted, legitimate or nonlegitimate), mother, or father of the deceased can make a claim.
  • Class two: The brother, sister, or the descendants of said brother or sister of the deceased can make a claim.
  • Class three: If there is nobody in classes one or two, then the court will appoint a plaintiff ad litem. This is a person who acts on behalf of another party who has a claim and shares in the proceeds.

Furthermore, the statute also makes it clear that only one claim may be brought against a defendant. That means, if there are multiple beneficiaries, the proceeds must be apportioned appropriately by the court. At The Morrissey Law Firm, P.C., we make it our job to get what’s fair and right for you.

Wrongful death claims serve an important function in holding responsible parties accountable and can provide financial relief for medical expenses, funeral costs, and lost income. They also highlight the need for systemic changes to prevent future tragedies. By pursuing a wrongful death claim, families can help ensure that the negligence or misconduct that caused their loved one’s death does not happen again. Contact us today to start evaluating your potential claim. Let us put our over 27 years of experience to work for you.