What Is Wrongful Death?
When someone had a wrongful death, it means that they died because of the negligence or actions of another party. People can file a wrongful death lawsuit against that person or entity if certain circumstances are met.
This doesn't include intentional homicides. Someone who died can't make a wrongful death claim, but a surviving family member can try to find compensation and justice for that accident.
When Can I Hire a Wrongful Death Lawyer in Missouri?
Someone who suffered from a personal injury because of an accident can ask for compensation to pay for the medical bills. However, if that person died in the accident, they can't make any kind of claim themselves. That's when their family members open a wrongful death case.
The loss of companionship is a difficult thing to go through, but you still need to pay for the funeral expenses. Paying for all that is not affordable at all, so the fair thing is that the person who caused the accident gives you the amount of money you need to pay for everything.
Receiving that money may not stop your pain and suffering, but it's a way of finding justice for your lost loved one. It's not easy to recover from that situation. However, our law firm can guide you through the entire legal process for you to get financial compensation from your wrongful death claim.
Why Hire a St Louis Wrongful Death Lawyer?
Wrongful death attorneys help people find justice for what happened. If you want to file a lawsuit against the ones who caused the death of a loved one, we are here to help you. The Powell Law Firm focuses on helping those who have been victims of all kinds of unfair situations.
If you want workers' compensation or suffered from a personal injury, we are also here for you. Don't hesitate to contact us if you are in need of a St Louis wrongful death lawyer. We operate in St. Louis, MO. Keep reading this page to learn everything you need to know before filing a wrongful death lawsuit.
Our team is formed by experienced wrongful death attorneys. We help get justice for the loss of a loved one in St. Louis, Missouri. Don't hesitate to call us. No one should hire a lawyer based solely upon advertisements, so we recommend you take some time to read what we have to offer.
You need to consider many things when making a wrongful death lawsuit for a deceased family member. However, it's an essential process to help you recover from your economic and non-economic losses. How you choose your lawyer is an important part of that process, though.
There are many personal injury attorneys in Missouri. Yet, not all of them can help you get justice for what you and your family lost.
Your pain and suffering should not be in vain, so picking the right attorney is an important decision. That's because it determines how the legal process develops.
We are here to help you. Our main goal is to help you get justice and compensation for the death of your loved one. You can trust that our lawyers can address any situation you ask them to solve. Regardless of that, our contingency fee basis assures you to get your money back if you can't win the case. Call today to learn more.
How Can You Prove Wrongful Death?
If you want to file a wrongful death lawsuit, you have to then prove that your loved one had a wrongful death. Apart from that, you have to demonstrate that the person you are suing was the one who caused the death of the deceased. The plaintiff first tends to ask their clients for information about what happened. That includes details about the accident and the people who saw the whole thing.
The Missouri and Illinois law regarding this matter is not too different from other states. You always have to prove wrongful death if you want to receive compensation. To do that, your attorney needs to get evidence on the matter.
Cross-examining witnesses can help a St Louis wrongful death lawyer to prove what you say in your wrongful death claim. The most important thing about this matter is to prove the victim's wrongful death was caused because of an action of the defendant's negligence or reckless behavior.
Doctors are an excellent example of that. They have to do everything they can to save their patient's life. If they did something that represented a threat to the patient's life without the permission of their family, they can be accused of negligence and medical malpractice.
When it comes to car accidents, you can simply see if the defendant followed all the traffic rules. If they didn't, the judge may find them guilty of what happened. However, your lawyer still has to prove that the defendant didn't follow the traffic rules.
They can do that with the help of witnesses or security footage. The latter is the most effective when going through a wrongful death case.
What Things Are Considered A Wrongful Death?
As we mentioned before, not all cases are fit for wrongful death claims. That's because some situations go through a penal court, and others are treated as lawsuits. It's important to know the differences between those cases if you want to receive compensation for the death of a loved one.
There are different types of wrongful death cases. Knowing them helps you understand when you can file a wrongful death lawsuit. The plaintiff should also know those differences. You don't need to worry about that, though. We are experienced wrongful death attorneys, so we can guide you through the legal process.
These are some examples of wrongful death cases:
Defective or dangerous products.
Those are not the only cases in which you can hire a wrongful death attorney, though. You can contact us and ask for a free consultation in case you have any questions about the matter. The Powell Law Firm is ready to help everyone who needs legal advice for any of our practice areas. You can get all the guidance and help you need for your wrongful death claim with Powell Law Firm.
Personal Injury Practice Areas
What Can I Ask for in a Wrongful Death Claim?
When you ask a St. Louis wrongful death attorney to file a lawsuit for you, you need to ask them what you can ask the defendant to give you. The benefits you receive tend to depend on the damage that person or entity provoked with their negligence. That includes the expenses you need to pay.
The St. Louis lawyers in our firm know the law, so they tell you everything you need to know before filing your lawsuit. Regardless of that, we want you to get all the information you can, so here are the things you can ask for in a St. Louis wrongful death lawsuit:
Financial help for your medical bills in case you are a surviving family member of the accident.
Financial help for psychological treatment in case you need it.
Payment of your economic and non-economic losses.
Payment of your law expenses.
Compensation for your loss of companionship.
Payment of funeral costs.
Help with loss of future income.
Compensation for loss of inheritance.
How Does the Wrongful Death Lawsuit Process Work?
The first thing you need to do to file a wrongful death lawsuit is to call a law firm that has wrongful death attorneys available for you. Tell them about your case and ask them for a free consultation. Wrongful death lawyers can guide you through what you need to do next in case your case is fit for a lawsuit.
The plaintiff in wrongful death claims needs to find evidence that proves that the entity or person you want to sue caused the death of one of your family members. After getting that evidence, the plaintiff sends it to the court to officialize the lawsuit and ask for compensation.
When that happens, the person or entity you are suing receives a notification from their lawyers to let them know that another person is filing a wrongful death lawsuit against them. They can respond to that lawsuit in a way they find more convenient.
If they want to admit they are guilty of the negligence that caused the death of the deceased, then they have to notify the court. After that, they have to pay the amount of money you required in your lawsuit for the funeral expenses. Unfortunately, it's odd to see a wrongful death case that ends that way.
People tend to say they are not guilty of that negligence and refuse to pay for any kind of expenses. Following that answer, their attorney lets the court know that they want to go to a civil trial to decide what happened. Both clients must be present during that trial.
If the parties involved in the wrongful death case don't agree, then they have to present their evidence to the judge for them to decide the settlement of the case. The trial can last several days, so you should get prepared for that.
After the judge lets you know the settlement, you have to act accordingly. If they decided the plaintiff presented evidence that can be trusted and proves that the other person is guilty of negligence, then that person or entity has to pay for what you lost.
Some clients ask the defendant to also pay for the legal expenses. If the judge decided your lawsuit is valid, then that person or entity has to pay for everything you asked for in your lawsuit. It's mandatory to do it, and not paying for it constitutes a crime itself.
What Things Are Considered A Wrongful Death?
That depends on how much damage the defendant caused to the family members because of what they did. Lawyers in St. Louis, MO have to analyze some factors to determine how much they can ask for in the lawsuit. Those factors can be the life expectancy of your loved one, their work history, earning capacity, and other things determined by the law.
What we can tell you is that what the negligent party has to pay in St. Louis, Missouri is not inexpensive. The average worth of this kind of lawsuit is $1000 but can get well into the millions if certain circumstances are met.
Everything depends on how good your lawyer is, though, That's why people need to find a law firm they can trust in St. Louis, MO. The choice of a lawyer is an important decision, so make sure to choose the one you feel most comfortable with. You need to hire a law firm that gets justice for all your pain and suffering.
Who Receives The Compensation Of A Wrongful Death Claim?
Not everyone can file a wrongful death claim or lawsuit. You can't open a wrongful death case if you are not a part of their family, even if they were a loved one. In Missouri and Illinois, only the families of the victims can ask for that compensation. That means a St. Louis wrongful death lawyer can only take the victim's family members as clients.
Does the Defendant Go to Jail If I Win the Case?
Not necessarily. If you can prove that the defendant committed a crime that is punishable by the penal law in St. Louis, Mo, then they would go to jail. However, since wrongful death cases tend to happen because of the negligence of the party and not because of homicidal intent, everything tends to end up with them paying to the families.
Sometimes families make a wrongful death claim for a deceased loved one after the defendant was found not guilty by a penal court. That's because layers can get not-guilty verdicts by making deals with the prosecutor and other things allowed by the law.
Fortunately, being found not-guilty in a penal court doesn't mean you can't ask for compensation for the death of your loved one in a civil court. You only need to hire a law firm in St. Louis, Missouri or Illinois to file a wrongful death lawsuit for you.
Where Can I Hire a St Louis Wrongful Death Lawyer?
If you need a law firm to help you recover from what you lost when a loved one died, you've landed on the right page. Medical bills are expensive. That includes therapy when the deceased in an accident was a family member. Because of that, many people look for legal aid to help them recover from what happened.
We are the Powell Law Firm and we work in St Louis. Our legal experts can also offer you a free case consultation in other places in Missouri and Illinois. The only thing you need to do is contact us and let us know what you need.
Our contingency fee basis means you only pay us if you receive the appropriate and fair compensation amount for the pain and suffering due to your recent loss. We have some of the best lawyers in Missouri and Illinois, so don't hesitate to call us.
Not all family members can ask a St. Louis wrongful death lawyer to file a wrongful death claim. Only the ones below can ask for a wrongful death settlement in St. Louis, MO:
The previously mentioned representatives are people who a judge gave the right to make those clients in the name of another person or a loved one. That applies even if they are not one of their family members. Yet, you need to follow an entirely different process to do that.
If you want more information about that, you can contact our law firm to receive a free case consultation. We are available for you anytime you need us, so don't hesitate to let us help you get justice for the loss of your family member or loved one.
The Powell Law Firm is nothing short of excellence and quality. In fact they go beyond that, if you're looking for quality, efficiency, and excellence you've come to the right place.