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St. Charles Wrongful Death Attorneys
Losing a loved one is always life changing. Apart from the emotional grief, surviving family members may lose their financial security, especially if the deceased provided for them. Their loss may be even more painful if they believe the death could have been prevented.
Calling a law firm during a crisis like this may be the last thing on a survivors’ mind. It is crucial, however, to contact an experienced wrongful death attorney to immediately look into the facts before witnesses disappear and documents and evidence are lost.
At Shea Kohl Law, LC, we understand that no amount of compensation can fill the gap left by the tragic death of a loved one. By receiving financial compensation to make up for expenses brought by this loss, however, our clients often attain a measure of closure, stability, and peace.
St. Charles wrongful death lawyers have won back millions of dollars in verdicts and settlements for clients who lost a loved one as the result of someone else’s irresponsibility, negligence, or careless actions. Our firm has a properly deserved reputation of successfully representing families whose lives have been affected by the wrongful death of a loved one.
What is a wrongful death in St. Charles?
Wrongful death is a legal term for a death directly resulting from another person’s unacceptable behavior, such as negligence, mismanagement, or omissions. It is a death that was preventable.
A family who lost a member due to the misconduct or recklessness of another person may file a wrongful death suit. A wrongful death claim may be applicable in any accident in which the victim would have filed a personal injury claim had they survived. It can result from nearly any type of fatal accident and can be filed against the person or business that is liable for the individual’s death.
For example, the immediate family of a person killed in any type of car accident may seek damages to cover the victim’s medical bills, funeral and burial costs, and other expenses. The other party’s insurance company should pay compensation for damages caused by the at-fault driver.
Common causes of wrongful death
Wrongful death lawsuits may be filed under numerous circumstances. As long as an individual is killed as a result of carelessness or a deliberate criminal act, nearly all courts will hear a wrongful death case. Most wrongful death claims filed are caused by:
- Vehicular accidents
- Medical care negligence
- Medical malpractice
- Unsafe prescription drugs
- Defective equipment, tools, and other products
- Criminal activity
- Occupational mishaps
- Marine and offshore accidents
Who are entitled file a wrongful death lawsuit?
Under Missouri law, close relatives are entitled to file a wrongful death lawsuit, although certain categories of relatives have priority over others.
This category entitles the spouse, father, mother, or children of the deceased to file a wrongful death lawsuit. If the children are dead, their offspring can file the lawsuit.
If there are no persons in Category 1 to file a lawsuit, then the persons included in Category 2 can sue. This category is made up of the brothers and sisters of the deceased, or their descendants.
If no persons from the two categories above can pursue a lawsuit, then a plaintiff ad litem will be appointed by the court upon the request of the legal heirs of the deceased.
What damages can be recovered from a wrongful death?
Missouri Revised Statutes § 537.090 dictates that a family can receive compensation from a wrongful death lawsuit. It also outlines the kind of damages losses can be recovered from.
A successful lawsuit recovers damages for losses including:
- Funeral costs, including burial expenses
- Hospital and medical bills related to the victim’s injury that caused the death
- Pain and suffering experienced by the deceased between injury and death
- Loss of income, or the amount of earnings and benefits the deceased would have received had he or she survived
- The loss of services, companionship, instruction, support, training, counsel, guidance, and comfort the plaintiffs enjoyed from the deceased.
How a St. Charles Wrongful Death Lawyer can help you
An experienced St. Charles wrongful death lawyer can assist your family in going through the burdensome process of dealing with negligent hospitals, insurance companies, and any other troublesome people and agencies after the death of a loved one.
Our team of lawyers will meticulously investigate the circumstances surrounding your loved one’s death and identify the parties who are legally responsible. We may consult with professionals who will provide expert testimony.
If the case involves a wrongful death caused by medical malpractice, we will have objective medical specialists examine every medical record. We will determine if the doctor failed to comply with a legally acceptable standard of care. A family may sometimes discover medical negligence only after seeking assistance from a highly skilled lawyer who investigates the case.
After gathering evidence, our legal team will submit a claim to the at-fault party’s insurance company indicating the full value of your losses. We will discuss the terms of settlement with the insurance company that reflects the amount your family deserves. If these negotiations fail to succeed, then the case will go to trial.
Contact us today
Whether the wrongful death was immediate or happened as a result of a car accident or surgical mistake, we at Shea Kohl Law, LC are prepared to hear your story and advise you on the legal options you have. Contact us today so we can assist you during this difficult time.
Schedule a free case evaluation with one of our lawyers so that we may determine your best path forward. Contact us at (636) 946-9999 or email us by using our online contact form.
Call Shea Kohl Law, LC at (636) 946-9999
or contact us online to schedule your initial consultation.
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Shea Kohl Law, LC serves clients in Missouri including St. Charles, Troy and Lincoln and throughout Warren and St. Louis counties. We also serve clients in Illinois.