Experienced Wrongful Death Attorney
Losing a loved one due to another's negligence is a profound tragedy that leaves families grappling with emotional and financial hardships. In Missouri and Kansas, the law provides a pathway for surviving family members to seek justice and compensation through a wrongful death claim. At the Eslinger Law Firm, we are dedicated to guiding families through this challenging process with compassion and expertise. Eslinger Law Firm can be reached at 816-259-5226.
Understanding Wrongful Death
A wrongful death occurs when an individual dies as a result of another party's negligent or intentional actions. Situations that may give rise to a wrongful death claim include:
- Vehicle Accidents: Fatalities resulting from car, truck, or motorcycle collisions caused by reckless or impaired driving.
- Medical Malpractice: Deaths due to misdiagnosis, surgical errors, or improper treatment by healthcare professionals.
- Workplace Accidents: Fatal incidents occurring in hazardous work environments, such as construction sites or factories.
- Premises Liability: Deaths resulting from unsafe conditions on someone else's property, like slip and fall accidents.
- Defective Products: Fatalities caused by malfunctioning or dangerous products.
Who Can File a Wrongful Death Claim?
Missouri law specifies who is eligible to file a wrongful death lawsuit:
- Immediate Family Members: The deceased's spouse, children (natural or adopted), or parents have the primary right to file a claim.
- Siblings: If no immediate family members are available, siblings or their descendants may pursue the claim.
- Personal Representative: In the absence of eligible family members, the court may appoint a "plaintiff ad litem" to file the lawsuit on behalf of the deceased's estate.
It's crucial to act promptly, as Missouri imposes a three-year statute of limitations for filing wrongful death claims, starting from the date of death.
Potential Compensation in a Wrongful Death Case
While no amount of money can replace a loved one, financial compensation can alleviate some of the burdens faced by surviving family members. In Missouri, damages may include:
Economic Damages:
- Medical expenses incurred prior to death.
- Funeral and burial costs.
- Loss of the deceased's expected earnings and benefits.
Non-Economic Damages:
- Loss of companionship, consortium, guidance, and support.
- Pain and suffering experienced by the deceased prior to death.
It's important to note that Missouri law does not permit recovery for grief and bereavement.
Why Use Our Law Team?
- Navigating a wrongful death claim requires legal knowledge and sensitivity to the emotional challenges involved. The Eslinger Law Firm offers:
- Experience: Our attorneys have a deep understanding of Missouri's wrongful death statutes and a proven track record of successful outcomes.
- Compassion: We prioritize the well-being of our clients, providing personalized attention and support throughout the legal process.
- Dedication: We are committed to holding negligent parties accountable and securing the compensation our clients deserve.
Contact Our Qualified Lawyer Today
If you have lost a loved one due to someone else's negligence, you don't have to face this journey alone. Contact the Eslinger Law Firm for a free consultation. We will listen to your story, explain your legal options, and guide you through every step toward justice and healing.