• Kenneth Powell

St. Charles Wrongful Death Lawyer | Serious Situations Call for Serious Lawyers

Updated: Jul 12

While legal action cannot bring back the devastating death of a loved one, a lawsuit may be able to provide the surviving family members with a sense of closure and financial compensation in hopes of filling the hole that is left behind by their lost loved one's death.

Holding the party accountable for the wrongful death of a person is an important decision involved in the grieving process. Taking legal action may not always be a top priority for those trying to comprehend what they have just lost, but by filing a wrongful death claim, they are not only seeking justice for themselves and their loved ones, but they are also helping to prevent other families from experiencing alike circumstances, as any wrongful death claims bring attention upon public safety issues in general.

How Can Powell Law Firm Help In The Case of a Wrongful Death?

How Can Powell Law Firm Help In The Case of a Wrongful Death?

Powell Law Firms' Focus

The experienced wrongful death attorneys at Powell Law Firm, located in St. Charles, Missouri, are focused on helping all families who have lost a relative as a result of another person's negligence.

How Wrongful Death Lawyers Have Helped Others

Many clients can vouch on behalf of the wrongful death lawyers at Powell Law Firm that they were walked through the difficult process of a wrongful death claim where all insurance companies, negligent hospitals, and other parties were dealt with accordingly after the loss of their loved one.

By successfully recovering millions of dollars worth of compensation from verdicts and settlements of a wrongful death lawsuit, many families have been able to move onward after life-changing events.

How to Get Into Contact with the Firm Today

Those who have lost a relative as a consequence of somebody else's negligence need to hire a strong advocate that not only understands what it is that they are experiencing but also provides them with trusted legal guidance.

An experienced wrongful death attorney at Powell Law Firm can do just that for those who decide to contact them at (314) 470-1374. These wrongful death lawyers are available around the clock and provide all their clients with a free consultation to discuss the case at hand further.

What Does the Term Wrongful Death Mean?

What Does the Term Wrongful Death Mean?

Wrongful death is said to be a legal term that refers to a death that was caused by another's negligence in relation to that party's actions, misconduct, carelessness, or omissions.

Some Common Causes of Wrongful Death Are:

  • Truck accidents

  • Car accidents

  • Violent crimes

  • Drunk driving collisions

  • Pedestrian accidents

  • Medical malpractice

  • Machinery, tools, and other unsafe equipment

Regardless of what the cause surrounding a wrongful death claim may be, the St. Charles wrongful death lawyers at Powell Law Firm are ready and willing to provide assistance and legal advice to anyone dealing with the aforementioned, intending to achieve the best results possible.

What Is a Wrongful Death Lawsuit?

In simple terms, a wrongful death lawsuit can be described as a civil lawsuit that is filed by the relatives of the decedent whose death occurred on behalf of another party's misconduct or negligence. If the deceased had to have survived and would have qualified for a personal injury claim, then, in most cases, a wrongful death claim would be appropriate for the non-survivors of a fatal accident.

Who Is a Wrongful Death Lawsuit Brought Against?

A lawsuit is typically brought against another party, for example, a person, business, or other entity who can be said to be liable for an individual's death.

Who Is Entitled to File a Wrongful Death Lawsuit?

In terms of Missouri law, only certain family members are permitted to file a claim on behalf of the decedent where certain classes of relatives are prioritized over others. A St Louis wrongful death lawyer can assist in getting the process started. It is important to note that, if multiple people fall within a class, they are required to jointly bring upon the lawsuit.

The different relative classes that are able to file wrongful death lawsuits are listed below:

  • The spouse

  • Any children of the deceased

  • Mother or father of the decedent

  • The siblings of the deceased

If none of the abovementioned pursues a wrongful death suit, then a plaintiff that is appointed by the court has the right to do so.

Is There a Time Limitation to Filing a Wrongful Death Lawsuit?

The simple answer is yes; the state of Illinois does have time limits within which a person is allowed to file a wrongful death lawsuit.

This is commonly referred to as the statute of limitations. In Illinois, a time limit of normally two years from the date of death, is given to those looking to file a wrongful death lawsuit. Once two years have passed, the court will no longer possess the jurisdiction to punish violators and offer financial compensation to survivors.

Time has a habit of flying by; it is for this reason that it is recommended that the surviving family members do not wait to hire a wrongful death attorney and file a wrongful death claim.

What Does a Wrongful Death Lawsuit Achieve?

Wrongful death claims seek to achieve financial compensation for the unanticipated losses that were incurred as a result of an individual's death.

Examples of the various types of damages or money recoverable include:

  • Medical bills

  • Loss of companionship

  • Funeral expenses and burial costs

  • Loss of income and any future earnings that would have been provided by the deceased

  • Lost benefits in the form of a pension or retirement benefits

  • Pain, suffering, or the mental anguish suffered by the survivors

  • Any punitive damages in cases where the at-fault party's actions were intentional or grossly negligent

The court will decide the settlement quota of a successful wrongful death claim and how the judgment will be distributed among the class of relatives based on their dependence financially on the deceased, among other factors, such as age and degree of affiliation.

Overall, the surviving spouse and other relatives must be able to reach an agreement concerning any proceeds awarded from a jury or settlement. If an agreement exists among the relatives, the court is more likely to approve the distribution method in the circumstances that it is fair.

In many wrongful death cases, an insurance company will often try to exploit a person's vulnerable state in an attempt to get them to settle for a pittance. After the tragic loss of a loved one, dealing with legal issues is not only confusing but also made a lot more difficult due to the added grief. A knowledgeable St. Charles wrongful death lawyer, especially those at Powell Law Firm, can help those navigate through this strenuous time and ensure that they are settling for fair compensation.

Other St. Charles Practice Areas

What Part Does a St. Charles Wrongful Death Lawyer Play?

Wrongful death is a tragic affair compounded by the greatest emotional pain, loss, and financial hardship, and as such, a wrongful death attorney plays a massive role when it comes to any wrongful death case.

As such, a personal injury lawyer will investigate thoroughly all the circumstances that lead up to a loved one's death, and all the liable parties involved will be identified. To provide expert testimony, a wrongful death lawyer may even go as far as to hire experts to further analyze any contributing factors.

In the event of medical malpractice, for example, a wrongful death lawyer will hire medical experts that will help prove that the doctor failed to show a standard level of duty and that failure resulted in the death of a loved one.

After gathering all the necessary evidence, wrongful death attorneys will present a claim to the party's at-fault insurance company. This claim will reflect the full value of the losses. From there, vigorous negotiation between the parties will happen on behalf of the survivors who filed a claim.

If the insurer of the at-fault party fails to make a claim that reflects a wrongful death settlement offer that is reasonable, a St. Charles wrongful death lawyer will take matters to court and pursue justice in a wrongful death lawsuit. If the case happens to go to trial, the attorneys at Powell Law Firm are confident in their litigation capabilities.

With regards to any settlement offers that are made, it is the lawyer's job to inform people of such and keep up to date on any progress made on their behalf. In order for informed decisions to be made, it is the job of the attorney to advise their clients on whether or not the settlement offered represents a value that is fair.

In conclusion, it is the job of a lawyer to represent victims through the entirety of a wrongful death claim and create a strong attorney-client relationship that is trustworthy and valuable for those seeking justice. The attorneys at Powell Law Firm provide their clients with exactly that, and not because it gets them paid, but because they see them as more than just a money-producing asset, but rather a human in need of their help.