Wrongful Death Lawsuit
January 28, 2015 Wrongful Death No Comments

According to the Centers for Disease Control and Prevention (CDC), a reported1 126,438 deaths occurred in the United States in one year due to unintentional injuries. Such deaths are often sudden and completely unexpected, leaving surviving family members shocked and grieving. Additionally, if the deceased was a provider of financial support or child care for the household, the family may struggle to adjust to life without the victim. Unexpected deaths can cause substantial financial and emotional losses.

Fortunately, Missouri law allows certain family members to recover from the party responsible for the death if they can prove that the death was caused by a negligent act or omission. If you have lost a loved one in a wrongful death, you should not delay in contacting an experienced St. Louis wrongful death attorney to discuss a possible legal claim. Call the office of attorney Kenneth P. Carp at (314) 722-5257 today.

Who can sue?

The Missouri wrongful death statute2 sets out particular parties who may sue for a wrongful death. These parties are as follows:

  • Spouse
  • Child (biological or adopted, legitimate or illegitimate)
  • Mother or father (biological or adoptive)

If none of the above parties are available, then a brother or sister may show that they are entitled to relief.

Common reasons for wrongful death

Wrongful death cases may arise out of a wide variety of circumstances. For example, many claims involve the following: 

  • Auto accidents
  • Truck accidents
  • Pedestrian accidents
  • Bicycle accidents
  • Violent acts
  • Slip and falls
  • Falls from heights
  • Medical Malpractice
  • Workplace injuries
  • Sports injuries
  • Dangerous products
  • Hazardous premises
  • Drowning accidents
  • Inadequate security
  • Violent acts
  • Nursing home abuse 

 

In any wrongful death case, you must present evidence that another party—an individual, company, government entity, or others—acted in a negligent manner. Such a showing requires proving specific legal elements and can be quite complicated. An experienced attorney will know how to evaluate and investigate the circumstances surrounding your loved one’s death in order to identify and prove negligence so that you can recover as you deserve.

1http://www.cdc.gov/nchs/fastats/deaths.htm
2http://www.moga.mo.gov/mostatutes/stathtml/53700000801.html

Written by kennethpcarplaw@gmail.com