ABOUT WRONGFUL DEATH CASES
What Is A Wrongful Death Claim?
When a family member succumbs to someone else’s negligence, recklessness, intentional actions, or misconduct, the surviving family members may have a wrongful death claim. The definition of a “wrongful death” under Missouri law is a death that 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 statute of limitations for wrongful death is 3 years from the date of death. It is critical, however, to move quickly since – in some instances – a probate estate must be opened within one year from the date of death.
A survival action can be filed along with a wrongful death action. This type of action compensates the deceased for damages occurring between the time of injury and death. Damages would include medical expenses, pain and suffering, and mental anguish.
How Long Do You Have To File A Wrongful Death Claim?
Time is of the essence, and swift action is crucial.
- Wrongful Death: 3 years from the date of death (generally)
- Survival Action: 3 years from the date of death (generally)
- Decisions made now will significantly impact your case’s outcome. You have only one opportunity to convey your loved one’s story accurately.
- Immediate strategic decisions must be made.
- Evidence must be promptly gathered.
- Experts may be required without delay.
Remember: If you are not included in class 1 or class 2 of the Missouri wrongful death statute you may be required to have a probate court open an estate to have a personal representative bring a survival action on the behalf of the deceased (or lost chance of recovery case in the context of medical malpractice cases).
What Is The Difference Between Wrongful Death And A Survival Action?
A Wrongful Death claim is initiated by specific family members who directly suffer financial and/or emotional harm due to the untimely and unjust loss of a relative caused by someone else’s negligence or gross negligence.
A Survival Action is initiated by the deceased’s estate, suing for the deceased’s own harm and damages caused directly by someone else’s negligence or gross negligence that led to their demise.
The nature of the harm determines the course of action. For instance, if a father dies instantly, leaving children without support, they may sue for loss of companionship and financial support. In the case of a prolonged and painful death of an individual, the estate may sue for pain, suffering, physical impairment, mental anguish, and medical bills incurred leading up to the death.
In most cases, it’s prudent to pursue both causes of action. However, when dealing with limited funds and substantial medical bills owed by the estate, focusing on wrongful death claims may prevent lien holders from intervening, safeguarding your family’s compensation.
Who Is Eligible To File A Wrongful Death Claim?
The eligibility to file a wrongful death claim in Missouri is defined by statute and the statute gives priority to three (3) groups of persons:
- Group 1 – Spouse, Child/Children and Surviving Descendants of Any Child Who Predeceased the Decedent, and Parents (Whether natural or adoptive)
- Group 2 – Group 2 is only applicable if there are no persons under Group 1 who qualify to bring a wrongful death action. Persons included in Group 2 include the decedent’s siblings and any descendants of the decedent’s siblings
- Group 3 – Group 3 is only applicable if there are no persons under Group 1 or Group 2 who qualify to bring a wrongful death action. This group includes class members that are minors or are incapacitated but would be entitled to share in the proceeds of the action. In this scenario, the statute allows for the appointment of a plaintiff ad litem to be appointed by the Court upon request.
Remember: If no Group 1 or Group 2 members exist (including minors or incapacitated individuals who otherwise would be group members), then no cause of action for wrongful death can be established.
Are Siblings Permitted To File A Wrongful Death Claim?
Yes, siblings are included in Group 2 of the Missouri wrongful death statute but can only bring a cause of action if there are no Group 1 members who qualify. Recall that Group 1 members typically include the decedent’s spouse, children, and parents.
Remember: Any money recovered from a survival action – as opposed to wrongful death – is directed to the estate. If the deceased had a will designating a sibling as a beneficiary, the sibling may indirectly benefit financially from the lawsuit.
What Damages Can Be Recovered in Missouri Wrongful Death Claims?
Available damages include burial / funeral expenses, medical bills incurred prior to death, value of benefits and wages the deceased would have earned over the remainder of their expected lifetime, and loss of consortium – including the reasonable value of companionship, comfort & guidance, and counsel / training / support your loved one would have provided. There is no damage cap for wrongful death cases in Missouri except those involving medical malpractice.
What “Actual Damages” Can Be Recovered by Parents of A Deceased Minor Child In A Wrongful Death Claim?
In tragic cases involving deceased minor children, the parents can recover the damages indicated previously. Please note lost wages can be claimed but there is a rebuttable presumption that the pecuniary loss should be based on the annual income of one working parent or the average income of both parents if they both earn income. Please note a viable fetus is a person within the meaning of the wrongful death statute but a non-viable fetus is not.
What Factors Do Jurors Typically Consider In Determining Damages For Loss of Consortium / Loss Of Companionship?
Jurors are typically instructed to consider various factors, including the relationship between the deceased and the party filing the claim, living arrangements, any periods of extended absence, family harmony, and shared interests or activities.
Is It Possible to Recover Punitive Damages If a Child, Spouse, Or Parent Dies?
Yes, punitive damages may be recoverable if the loved one’s demise resulted due to the Defendant’s complete indifference to and/or conscious disregard for the safety of others i.e. recklessness. Please note punitive damages are only available as part of a Survival action.
Can Damages Be Recovered for The Wrongful Death Of A Fetus If The Mother Is Pregnant?
Yes, but only if the fetus is viable – capable of living outside of the uterus under normal conditions.
What Constitutes A “Survival Action”?
A survival action is initiated by or on behalf of the deceased’s estate to seek damages for injuries sustained by the decedent prior to his or her passing.
What Damages Can Be Recovered in a “Survival Action”?
Recoverable damages include – but aren’t limited to – the physical pain and mental anguish endured by the victim before their death, medical expenses incurred, and potentially punitive damages.
In A Survival Action, Can the Estate Recover Damages for Physical Pain And Mental Anguish If The Victim Died Instantly?
It is unlikely. Recovery of such damages is generally restricted to situations where conscious pain and suffering can be demonstrated, even if only for a brief period.
Was The Defendant Negligent?
Proving negligence is often the most challenging aspect of any wrongful death claim. While cases involving clear negligence, such as drunk driving well above the legal limit, are straightforward, instances like medical malpractice can be less clear-cut, requiring substantial time and resources to determine. The term “breach of duty” may also be utilized which is the defendant’s liability for a violation of his or her duty of care.
Facing The Reality of Decisions Leading To The Passing Of A Loved One
It’s a harsh reality that decisions made by others can lead to the loss of a loved one. If you find yourself in this heart-wrenching situation, reach out to our St. Louis lawyers for a free consultation and guidance.
If your loved suffered a wrongful death due to the negligence or recklessness of another person or company, our skilled St. Louis attorneys are ready to assist. Obviously, no amount of money can ever undo the ultimate injustice. Rest assured, however, that we will hold the wrongdoer accountable, get the answers you deserve, and seek the maximum financial compensation available.
