Wrongful Death

When another’s actions or deeds contribute to or cause the death of someone else, wrongful death ensues.  The individual who caused the wrongful death may not have committed actions intended to do harm to the victim, but nevertheless, death was the end result of unintended harm. 
Those who allegedly cause the wrongful death of others may be tried in criminal court, civil court, or both.  The need to prove beyond a doubt and with preponderance of evidence that an individual contributed through his or her actions to the death of another makes conviction in criminal court difficult. 
Furthermore, an individual who may be acquitted in criminal court may be found liable for wrongful death in a separate civil trial.
An attorney with experience in wrongful death cases may be able to help loved ones receive compensation from the person or persons whose actions contributed to the wrongful death of his or her family members.

•    Wrongful death that occurs as a result of  car or truck accidents
•    Wrongful deaths that have happened as a result of an accident between a motorcycle and a careless operator of a motor vehicle whose behavior behind the wheel caused tragic loss of life
•    Instances of medical malpractice including malpractice committed by chiropractors who practice forceful neck adjustments which themselves may lead to stroke and death
•    Wrongful deaths occurring from the administering of defective drugs or the use of faulty medical devices
•    Premature, wrongful death caused by exposure to asbestos and the resulting contracting of mesothelioma
•    Product liability—defective products such as automobiles manufactured with defects which endanger the safety of motorists
•    Public transportation accidents
•    Elevator accidents
•    Slip-and-fall incidents
No two wrongful death cases are alike.  No amount of money can replace a life lost prematurely; however, families who have lost a loved one as the result of another’s actions should contact a wrongful death lawyer in order to receive the money they deserve to compensate for end-of-life services, financial support for dependent children left behind, as well as pain and suffering.

Once family members experience the wrongful death of a loved one, the last thing on their minds may be their legal rights; however, laws treating litigation in wrongful death cases involve time limits for taking legal action.
After a limited period of time (also known as a statute of limitations) has elapsed, family members will lose their option of filing a lawsuit and therefore lose the opportunity to recover money spent and money which in the future needs to be allocated to providing for the care and education, etc. of dependents left behind.
In other words, when the statute of limitations runs out, entitlement to take legal action comes to an end.

states that the statute of limitations begins at the time the injury is discovered or reasonably should have been discovered which led to the wrongful death.  This rule is present because in some cases, an injury causing a wrongful death was not apparent when it first occurred. 
Medical malpractice, for example, may lead to the suffering of a stroke by a loved one and may be followed by the loved one’s premature death, but the cause of that stroke and the fact that it may have been caused by improper medical treatment or medicines administered in the hospital setting may not at first be apparent.

In the state of Missouri the wrongful death statute (section 537.080 RS Mo) establishes six classes of family members who are entitled to file wrongful death suits:
•    Spouses
•    Children
•    Parents
•    Grandchildren
•    Siblings
•    Nieces and nephews
Everyone knows that money can never bring a loved one back; however, recovering compensation from litigations involving wrongful death statutes can help families with:
•    Lost income from wages including future earnings
•    Costs of funeral and other end-of-life expenditures
•    Costs of expensive hospital stays and medical care that has exceeded the range of coverage of medical insurance
•    Loss of future income over the anticipated lifetime of the victim such as pensions, 401K benefits and contributions, insurance, etc.
•    Survivors’ mental anguish pain and suffering due to loss of companionship
Negligent or wrongful conduct contributing to the death of a loved one should be punished and family members who survive without their lost loved one, may be entitled to compensation as well as punitive damages.  Family members cannot, however, sue another family member for wrongful death.

Contact the Missouri wrongful death attorneys at the law firm of Foxx, Goldblatt & Singer, P.C.
We serve offices in and around St. Louis County and St. Charles County in Missouri as well as Madison County and St. Clair County in Illinois.
Call us at (877) 858-4699 or fill out our convenient online contact form.