Get the Help You Need from Our St. Louis Wrongful Death Lawyers
There are few things in life more traumatic than unexpectedly losing a loved one. It’s even more difficult when that loss was avoidable. Adding in unexpected costs for a funeral and burial makes the wrongful death of a family member even more challenging. Because of this, the law provides for surviving family members to file a wrongful death lawsuit to recoup these and other losses.
At Simon Law, our compassionate team of St. Louis wrongful death attorneys stands ready to help your family through this devastating time and ensure you have the financial resources you need to provide for your future.
Episode: 714
Wrongful Death Settlements
May 24, 2024
In wrongful death cases, we always focus on the facts regarding the decedent. Experienced attorneys know we should also consider the settlement before taking the case. Today we’ll talk about due diligence regarding estranged family members, what to do when potential beneficiaries can’t play nicely together and why having all beneficiaries represented by a single counsel can strengthen your case
Episode: 409
Presenting Damages in Wrongful Death Cases
May 24, 2024
What price should we put on a life lost? Whether it’s a father, mother, or child, jurors need guidance, context, and motivation when deciding damages. John Simon and Tim Cronin offer several examples of powerful ways to present damages in wrongful death cases and share Tim Cronin’s moving closing argument in a recent case regarding the tragic death of a five-year-old girl.
Wrongful death are a specific type of personal injury lawsuit characterized by a negligent act resulting in the death of an individual. In injury cases, it’s necessary to show how one negligent act committed by the Defendant directly caused or contributed to the injury the Plaintiff suffered. In a wrongful death case, not only does a negligent act have to be proven, but it also must be proven the negligence directly caused the decedent’s fatal injuries.
In a wrongful death lawsuit, the decedent’s immediate family members have the ability to sue. There are three categories of people who have the ability to sue:
No amount of money will bring a loved one back, but it can ease the financial burden experienced following the death, helping to cover lost wages and expenses. In wrongful death claims, you can recover economic and non-economic damages.
Economic damages include:
Non-economic damages include:
In Missouri, there aren’t any limits on the amount of damages that can be recovered in a wrongful death lawsuit. Deaths stemming from personal injury cases, such as a car accident, will have no cap. However, claim limitations will apply if the lawsuit stems from medical malpractice. Wrongful deaths arising from medical malpractice that occurred on or after August 28, 2015, damages are capped at $700,000. Those that occurred before August 28, 2015, are capped at $500,000. These limits only apply to non-economic damages. Economic damages are not subject to a damages cap.
Wrongful death lawsuits function similarly to personal injury, but must be filed by an individual who is either a spouse or child, brother or sister, or plaintiff ad litem of the deceased. The plaintiff must prove the defendant’s wrongful or negligent actions resulted in the death or fatal injuries.
Your wrongful death attorney will file the claim for you, presenting all necessary facts and evidence to negotiate a settlement. If a settlement cannot be reached, your case will be taken to trial.
When you need qualified and reliable guidance, you know where to turn. Simon Law is ready to listen to your story and review the complex aspects of your case.
CONTACT US
At Simon Law, our wrongful death attorneys have the resources and expertise to handle your case without sacrificing the personalized counsel and support you deserve. Complete and submit the contact form below, call our office, or reach out directly to one of our personal injury attorneys today.