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Wrongful death in Missouri

On Behalf of | Jun 25, 2021 | Blog

As a person who lost a loved one, you may be going through the emotions of sadness, anger and frustration. There will never be enough money or too much prison time to take away the pain of losing someone.

Can you hold that person accountable? You have the option of suing the individual responsible for your family member’s death to help with the medical bills and funeral expenses.

What is a wrongful death case?

When a person dies because of another person’s intentional or accidental act, there may be a case of wrongful death. Missouri law defines wrongful death as any act, conduct or circumstance that if death had not occurred, the victim would have recovered.

In other words, you can sue a person or company whose negligence caused the death of another. A wrongful death suit is a civil suit that you can file against someone for:

  • Medical malpractice
  • Intentional killing
  • Automobile accidents

What are the elements of a wrongful death case?

To file a wrongful death suit, you must bring forward several elements to back up your case. These are:

  • Someone died
  • Another individual caused the death by wrongdoing
  • You suffered damages because of the death

Depending on the cause of death, there may be additional elements to prove. For instance, if the case involves negligence, you may have to show:

  • The person had a duty of care
  • The person breached the duty of care
  • The breach caused the death

The statute of limitations for wrongful death cases in Missouri is three years from the date of the death.

You suffered an enormous emotional toll. Knowing you can use the money to support yourself and your family may relieve a little of the stress.

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