The sudden loss of a loved one is a painful experience, particularly when someone else is to blame for their death. In these circumstances, surviving family members may be entitled to pursue a wrongful death claim against the people or organizations responsible for their loved one’s avoidable passing. A wrongful death claim can be resolved in court or, in many cases, through a negotiated settlement prior to trial.
By exploring some common wrongful death settlements in Missouri, you can better understand the process and what you can expect during it.
What Is a Wrongful Death Claim in Missouri?
A wrongful death claim is a type of legal case that arises when someone’s actions cause another person’s death. The Missouri Revised Statutes define a wrongful death as an “act, conduct, occurrence, transaction, or circumstance” that leads to someone’s death such that, had the person survived, they would have had grounds to sue the person responsible for that act, conduct, occurrence, transaction, or circumstance. In other words, a wrongful death claim is a personal injury claim brought by the family of someone who can no longer seek justice for themselves.
So, what are common wrongful death settlements? They can involve the following:
- Motor vehicle accidents
- Slip-and-falls and other instances of premises liability
- Negligent medical care
- Industrial accidents
- Deliberate acts of violence
What Is the Average Wrongful Death Settlement in Missouri?
The reality is that there is no such thing as an average wrongful death settlement in Missouri. To begin with, every case is unique, and what one family can expect in compensation might not line up with what another one can, even under broadly similar circumstances. Furthermore, settlements are typically confidential, which means there’s not much data to pull from.
Talk to a lawyer about your case to learn more about what you can expect to recover.
What Factors Affect the Value of a Wrongful Death Case?
A number of factors can affect Missouri wrongful death lawsuit value, including the following:
- How old the decedent was at the time of their death
- How many dependents the decedent left behind
- The decedent’s earning power and career trajectory
- Whether the decedent contributed to the incident that fatally injured them
- The identity and financial resources of the at-fault parties
An experienced lawyer can review your unique situation and advise you on what a realistic figure might be for you.
What Types of Compensation Can Families Recover?
Wrongful death compensation in Missouri can account for the following:
- Costs of their loved one’s funeral services and burial
- Medical expenses of their loved one’s treatment prior to death
- Lost wages, salary, and benefits that the loved one will no longer be able to earn
- Costs of replacing the household services the deceased provided
- Lost guidance, support, and consortium
- Pain and suffering the decedent experienced between their injury and their passing
How Comparative Fault Can Affect Your Judgment
Missouri follows a comparative fault rule in cases where an injured party or decedent was partially to blame for what happened. Under this law, someone bringing a wrongful death claim can still recover compensation at trial even if their deceased loved one contributed to their own fatal injuries.
However, the compensation they recover will be reduced in proportion to whatever share of fault a court assigns to the decedent. So, for example, if a decedent is 20 percent to blame in a case where their survivors would have recovered $1 million in Missouri wrongful death damages, the decedent’s survivors would recover $800,000 instead.
How Long Does It Take to Settle a Wrongful Death Case?
A wrongful death case’s duration depends on a number of factors, including the skill of the attorney handling the claim, how clearly the defendant is at fault, and the defendant’s willingness to negotiate a fair settlement. Relatively straightforward cases can sometimes be resolved in a few months. More realistically, though, it might take a year or longer to reach a fair resolution.
Do Most Wrongful Death Cases Settle or Go to Trial?
Most successful wrongful death cases settle without the need for a trial. A trial only becomes necessary if a defendant either refuses to take responsibility for their actions or won’t make a fair offer. A good attorney knows to prepare a case as though it will go to trial, as doing so strengthens their negotiating position and means that the attorney is ready to go should settlement negotiations break down.
Why Hiring a Lawyer Matters in Wrongful Death Cases
An experienced wrongful death lawyer is a critical ally for anyone pursuing a wrongful death claim. Lawyers understand these complex cases far better than any layperson does, and they know what it takes to win them. They can gather evidence to determine everyone who’s at fault for the decedent’s death and could be a source for compensation. At the same time, they’ll work with accountants, economists, therapists, and other experts to put a fair value on the wrongful death claim.
This preparation puts considerable pressure on the insurance companies responsible for paying out wrongful death claims, as they know that a lawyer will take them to court if necessary. Trials are costly, time-intensive, and uncertain, and an insurer is far likelier to settle if it knows that doing so is the best way to avoid one.
What Should You Do If You Believe You Have a Wrongful Death Case?
If you know or suspect that someone else is to blame for your loved one’s death, it’s important to act now to protect your right to compensation.
First, contact Presley and Presley Trial Lawyers so we can set up a free, no-pressure consultation. Bring any evidence you’ve preserved to this initial meeting: medical records, the names of eyewitnesses, photos of the scene, or anything else that can help us understand what happened. The more information you have, the more targeted the advice we can give you.
Most importantly, remember that the quicker you act, the better positioned you are to begin your case within the three-year statute of limitations for these claims. Don’t delay — get in touch with our Missouri wrongful death attorneys right away, and let us get to work on your behalf. Your initial consultation is free and fully confidential, and you pay nothing unless we successfully resolve your matter.