Losing someone because of someone else’s actions is never easy. The pain can feel overwhelming, and seeking justice might seem tough to handle on your own. If you believe another person or company caused your loved one’s death, it’s important to understand how wrongful death lawsuits work in Missouri — a St. Louis wrongful death lawyer understands all the processes involved in a lawsuit.
Filing a claim can help hold the right people accountable and offer some financial relief during this very difficult time. Below are the steps you should be aware of:
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Understand What is Considered Wrongful Death
A wrongful death case happens when a person dies because of someone else’s fault. This can come from negligence or recklessness, like careless driving or driving under the influence. It could also come from intentional actions, like assault. If someone else was negligent and it led to a person’s death, you should strongly consider looking into whether or not you have a wrongful death claim.
Hire a Lawyer
Having a lawyer for a wrongful death case is vital. These cases involve strict laws and procedural rules. An attorney understands the details and fights for your rights. They can help you value the case and won’t let you go up against companies or insurers on your own.
Make Sure You’re Eligible to File
The fact that your loved one’s death would qualify as a wrongful death doesn’t automatically mean you personally are eligible to file a wrongful death lawsuit. You need to make sure you fit into one of the categories of people who are permitted to take this step.
Class 1 covers spouses, children, grandchildren if their parents are deceased, and parents by birth or adoption. This group has the first right to file a claim.
If no one in Class 1 can file, then it passes to Class 2. This includes siblings and, if needed, nieces or nephews have authority to file a claim. When no one in Classes 1 or 2 is found, the court may appoint someone called a ‘plaintiff ad litem’ to file and take care of the case.
Obtain Evidence
Cases like this rely on strong evidence. This might include medical reports, witness statements, video footage, accident reconstruction, expert witnesses, and anything else that can prove your loved one lost their life because of someone else’s actions. Your lawyer will help you gather everything you need.
Don’t Miss the Deadline
Time matters after a wrongful death. Missouri law generally gives you 3 years from the date of the loss to file a wrongful death claim. Missing this deadline usually ends your right to recover any financial compensation.
537.100. Limitation of action — effect of absence of defendant and nonsuit. — 1. Every action instituted under section 537.080 shall be commenced within three years after the cause of action shall accrue; provided, that if any defendant, whether a resident or nonresident of the state at the time any such cause of action accrues, shall then or thereafter be absent or depart from the state, so that personal service cannot be had upon such defendant in the state in any such action heretofore or hereafter accruing, the time during which such defendant is so absent from the state shall not be deemed or taken as any part of the time limited for the commencement of such action against him; and provided, that if any such action shall have been commenced within the time prescribed in this section, and the plaintiff therein take or suffer a nonsuit, or after a verdict for him the judgment be arrested, or after a judgment for him the same be reversed on appeal or error, such plaintiff may commence a new action from time to time within one year after such nonsuit suffered or such judgment arrested or reversed; and in determining whether such new action has been begun within the period so limited, the time during which such nonresident or absent defendant is so absent from the state shall not be deemed or taken as any part of such period of limitation.
There are sometimes exceptions that make this deadline shorter or longer, so make sure you talk to a lawyer as soon as possible so you don’t miss your chance to get what you deserve.
Negotiate
When a wrongful death claim is filed, parties will negotiate to try to come to a settlement agreement before it goes to trial. It saves everyone time and money, and this is how most cases end up. If you aren’t able to get a fair settlement offer, you don’t have to just accept it – you can keep fighting with help from a St. Louis personal injury attorney.
Go to Court if Negotiations Fail
Sometimes, the parties just can’t agree. When that happens, going to court is the next step. At trial, both parties tell their story and present their evidence. The judge or jury listens, reviews the facts, and makes a decision. Having an attorney during this process is critical.
If you have any questions about your eligibility to file a wrongful death claim or want to get started on your case, contact us whenever you’re ready.
Our lawyers will talk to you about everything during a free consultation.