How do you get justice for the untimely death of a loved one? While the state can pursue criminal charges against an offending party, you can take action in civil court. Morelli Law Firm’s wrongful death attorneys in Cape Girardeau can help you build a claim against a liable party. We can then use that claim to help you demand compensation for your loss.
You can meet with a Cape Girardeau personal injury attorney at any point before your statute of limitations expires. We can discuss what means might best help you secure compensation for your losses during a free, no-obligation case evaluation. You won’t even have to worry about legal fees thanks to Morelli Law Firm’s contingency policy.
With that in mind, don’t wait to get justice for someone you love. Morelli Law Firm is ready to go to bat for you in civil court.
Breaking Down Your Right to a Wrongful Death Claim
When do you have the right to a wrongful death claim? Mo. Rev. Stat. § 537.080 notes that you must prove that a loved one’s death originated from an “act, conduct, occurrence, transaction, or circumstance” that, had it not resulted in your loved one’s death, would have allowed your loved one to pursue compensation on their own terms.
In other words, you can file a wrongful death claim if you believe a loved one’s death stemmed from another party’s avoidable negligence. If you’re not sure whether or not negligence contributed to your loved one’s passing, you can request that a Cape Girardeau wrongful death attorney help you investigate the nature of a loved one’s accident.
Who Can File a Wrongful Death Claim in Missouri?
You have a responsibility to do more than prove your right to a wrongful death claim. You also have an obligation to prove that you have the right to file such a claim on behalf of the deceased. Mo. Rev. Stat. § 537.080 states that only a person’s spouse, children, or parents may take legal action on their behalf.
If none of these parties are available or interested in pursuing civil action, then responsibility for a person’s posthumous legal action falls to that person’s siblings or those siblings’ children. Should no one act, the state can elect a plaintiff ad litem. That party must prove that they had such a relationship with the deceased as to find themselves entitled to the deceased’s estate.
No matter what role you play in relation to a loved one’s posthumous legal action, you can always discuss the specifics of your rights with the Morelli Law Firm. A wrongful death lawyer in Cape Girardeau can outline your legal relationship to the deceased and, should the opportunity arise, help you begin drafting a claim on that person’s behalf.
How to Demand Damages After a Loved One’s Wrongful Death
Personal injury claims, including wrongful death claims, allow you to demand damages based on your and a loved one’s losses. Those damages can help you contend with a loved one’s posthumous bills, even if they can never replace the presence of a loved one in your life.
Your right to damages hinges on what evidence of relevant losses that an attorney can bring forward after an investigation into your loved one’s passing. These damages can address both your economic and non-economic wrongful death losses, including the following:
- A loved one’s emergency care
- Accident-related care and surgeries
- Hospice care, if applicable
- Property lost in a fatal accident
- Wages lost throughout the grieving process or due to injuries
- Loss of consortium
- Loss of companionship
- Emotional distress
- Pain and suffering
- A loved one’s funeral expenses
While Missouri doesn’t put many caps on its damages, it does limit the damages you may receive if a loved one’s death stemmed from medical malpractice. You can discuss what factors might limit your right to damages with our team.
Cape Girardeau Wrongful Death Lawyer Near Me 877-751-9800
You Have Three Years to File a Wrongful Death Claim
Mo. Rev. Stat. § 537.100 serves as Missouri’s personal injury statute of limitations. This statute dictates the amount of time in which you can file a personal injury claim and have a court consider it. If you try to file a personal injury claim outside of your statute of limitations, Missouri courts do not have to consider it, regardless of your circumstances.
The aforementioned statute gives you no more than three years to act on your losses. Unfortunately, those three years can fly by, particularly when you’re mourning the loss of a loved one. You can, however, rely on a wrongful death attorney in Cape Girardeau to guide you through the process of compiling your claim.
Our attorneys can give you the space you need to grieve while gathering the evidence most immediately relevant to your case. We can even interface with the party liable for your loved one’s death so that you can limit your interactions with the offending party. You can discuss the full breadth of our services during an initial case consultation today.
Did a Liable Party in a Wrongful Death Claim Commit a Crime?
There is a good chance that the party liable for your loved one’s wrongful death engaged in some kind of unlawful behavior. As such, the state of Missouri can likely take legal action against the party in criminal court. The state may request that you contribute testimony to their case, but the criminal case will not directly benefit you.
That said, you should still keep an ear out for developments in a liable party’s criminal case. If the criminal case concludes before your personal injury case does, you can submit a criminal conviction to a civil judge as proof of the liable party’s negligence. While a criminal conviction doesn’t guarantee your success in civil court, it does lend considerable strength to your case.
Let Morelli Law Firm Oversee Your Pursuit of Justice
No one deserves to lose a loved one before their time. Unfortunately, there’s no accounting for the recklessness and negligence that other people can engage in. If you’ve lost a loved one, you deserve the opportunity to seek justice. Fortunately, Morelli Law Firm is here to help you achieve it.
Morelli Law Firm’s wrongful death lawyers in Cape Girardeau want to help you take legal action against the parties responsible for your loved one’s death. You can request a case evaluation by calling Morelli Law Firm’s office or through the firm’s online contact form.