Losing a loved one is complicated and painful. When you are grieving, thoughts of practical matters can be pushed to the back of your mind. However, financial obligations and the realities of life won’t wait long. When the unthinkable has happened, it can be difficult to know what to do next.
You don’t have to walk this road alone. Our firm has worked with the families of wrongful death victims in this area for years. We understand how difficult it can be when a loss of life is the result of someone else’s negligent behavior, and we know the range of feelings that can come with it.
The Osage Beach wrongful death lawyers of Dickman Law can help you to handle the legal issues and set things right so that you can begin to rebuild your life. You don’t have to find the answers alone, and you have a legal right to pursue financial compensation with a wrongful death claim. We may be able to help.
Who Can File a Wrongful Death Lawsuit in Missouri?
According to Mo. Rev. Stat. 537.080, those who can file a wrongful death claim include:
- Domestic partners
- Adopted children
- Other family members
State law dictates the priority of which survivor is eligible to file first. The decedent’s spouse and children or lineal dependents are the first priority. If none exist, the parents may file. If there are no surviving parents, siblings and their descendants may become eligible to file a wrongful death suit.
For a free legal consultation with a wrongful death lawyer serving Osage Beach, call 573-744-4878
What Are the Most Common Wrongful Death Claims in Osage Beach, MO?
The circumstances surrounding a wrongful death lawsuit in Missouri can be varied. The Lake of the Ozarks has a variety of people from different demographics who live, work, visit, and play in the area.
Wrongful death is defined as the death of a person caused by the wrongful acts or negligence of another. The cause can be accidental or intentional and can be filed against an individual or an organization.
The most common wrongful death cases in Missouri can be a result of:
Car Accident Fatalities
The most common wrongful death claims in just about any state will include vehicle-related deaths. Due to the number of cars on the road and the inherent dangers of operating a motor vehicle, car crashes are a typical cause of fatality in a wrongful death claim. If an irresponsible driver caused the loss of your loved one, an attorney may be able to help you.
Jobsite hazards that result in employee deaths will often lead to wrongful death claims. The lack of proper safety equipment, malfunctioning machinery, slip and falls, falls from height, or a number of other causes can be cited. There may be multiple liable parties in these circumstances.
The Lake of the Ozarks is full of boats, skiers, jet skis, and other recreational watercraft. The negligent operation of watercraft can result in the death of another and could become the subject of a wrongful death claim.
Products such as malfunctioning appliances that result in a fire or a vehicle part that fails and causes a crash can lead to a wrongful death claim if a person dies as a result of the product’s defects. Defective medical devices are often the subject of wrongful death lawsuits.
Medical Malpractice Cases
If a medical professional’s actions or failure to act causes an untimely death, there can be a wrongful death claim. Failure to diagnose a medical condition or mistakes in treatment are just a few causes.
The manufacturer, designer, or other parties involved in the making and distribution of drugs that are found to be defective can be named as defendants in a wrongful death lawsuit. An example would be a drug that was taken to treat symptoms of indigestion but later caused the consumer to develop cancer.
If a person is killed in an accident on another’s property and proof of negligence can be found, there can be accountability on the part of the property owner or manager.
Slipping in a puddle in a grocery store and hitting your head, receiving a dog bite that resulted in a fatal infection, or falling down a staircase because the landlord didn’t replace the loose handrail are some examples.
If you suspect that your lost loved one was killed due to circumstances that could have been prevented, a wrongful death lawyer in Osage Beach can investigate your claim to determine if sources of liability exist.
Osage Beach Wrongful Death Lawyer Near Me 573-744-4878
How Long do I Have to File a Wrongful Death Claim in Missouri?
According to Mo. Rev. Stat. 537.100, a person has three years from the date of death in Missouri to file a legal action in a wrongful death case. Because there are exceptions to this time frame, it is best to contact a lawyer as soon as you possibly can following the death.
In the case of medical malpractice, the statute of limitations is shortened to two years. Another exception is the “discovery rule.” In the event the cause of death is not immediately apparent, the date of death may not apply. Instead, the statue begins on the date a “reasonable person” would have discovered the cause.
If you have questions about your rights and your eligibility to file, consult with a lawyer familiar with the wrongful death laws of Missouri to ensure that you are still within the legal time frame allowable by law. Most law firms will answer such questions free of charge.
What Damages Are Recoverable in a Wrongful Death Claim?
Missouri has no cap on the damages you can recover in a wrongful death suit unless medical malpractice is involved. In most cases, the damages considered can be:
- Medical expenses
- Pain and suffering
- Loss of companionship
- Mental anguish and grief
- Loss of the decedent’s income
- Funeral, cremation, and burial costs
- Loss of inheritance
- Loss of benefits
An Osage Beach wrongful death attorney can perform an in-depth evaluation of all economic and non-economic damages that pertain to your claim. Having an accurate calculation of the damages is important to ensure that you are justly compensated.
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Contact a Local Osage Beach Wrongful Death Law Firm Today
We understand the heartbreak and complications surrounding an untimely death, and we’ll fight for you as we would for our own family. Our attorneys live and work in the Osage Beach area, and we serve the local community we love.
Dickman Law Firm has the skills and quality of a big city firm, but we respect and treat our clients as individual human beings. The initial consultation is free of charge, and we do not collect payment unless we win your case or secure a settlement on your behalf.
Your story is important to us, and we welcome you to schedule a free consultation by contacting us today. Our Osage Beach wrongful death lawyers can review the details of your claim and provide you with legal options.