Missouri Wrongful Death SuitsBy Schultz Legal Group
Dec. 10, 2010 6:45p
Wrongful death consists of a death that was caused due to the negligent and/or careless acts of another person. The dominating factor in all wrongful death suits is that the death itself could have and should have been prevented. Suffering the loss of a loved one, who wrongfully lost their life, is one of the most devastating experiences for any person to have to endure. Not only do the loved ones left behind have to cope with their loss, they also have to deal with insurance claim adjusters, funeral and burial costs, medical bills from the deceased and in many cases, the loss of financial support.
Under the Missouri Wrongful Death Statute, section 537.080, the person or corporation who would be held liable for the death shall also be responsible for damages in a legal action. Who can sue for damages is clearly delineated in this section and they are:
- The spouse, or children, or the surviving descendants of any deceased children, whether they are natural or adopted, legitimate or illegitimate, or the mother or the father of the deceased, whether they are natural or adoptive.
- If there isn't any person in class (1) who is entitled to bring this action, then a brother or sister of the deceased, or their children, who can establish their right to the damages, can bring the action.
There can only be one action brought under this section against any one defendant for the death of any one person.
Damages to Be Determined By a Jury
In each action brought under section 537.080, the jury may award damages as they deem fair and just for the wrongful death. They will take into consideration the losses suffered by the surviving family members such as, funeral expenses, consortium, companionship, comfort, instruction, guidance, counsel, training and support that the family members would have benefited from, had the deceased survived.
Additionally, the jury may award damages for the pain and suffering the deceased may have suffered at the time of death. Any mitigating or aggravating circumstances will also be considered however, damages for grief and bereavement by reason of the death shall not be recoverable in a wrongful death action. If you have suffered from the loss of a loved one, a St. Louis wrongful death attorney from the Law Office of Schultz Legal Group can assist you every step of the way.
Contact a St. Louis Wrongful Death Lawyer from our firm today for a free consultation.
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