At Wendt Law Firm P.C, we have compassion for families who have lost loved ones in preventable circumstances such as auto accidents or medical malpractice. We are committed to helping families bring wrongful death claims to hold at-fault parties accountable. We believe in the power of the civil justice system to bring peace and closure to grieving families. If you recently lost someone you love in any type of accident, contact our Joplin wrongful death attorney to discuss your situation. You may have grounds to bring a claim.
In Missouri, the definition of the civil tort of wrongful death is any death resulting from an act, occurrence, transaction, conduct or circumstance that would have given the decedent the right to obtain compensation had he or she survived. Many different incidents could cause wrongful death in Joplin.
If you think your spouse or family member would have been able to file a personal injury lawsuit had he or she not passed away, you will most likely have a wrongful death claim now. The lawyers at Wendt Law Firm P.C. offer free initial consultations so you can find out if you have a case at no financial obligation.
Missouri has strict laws in place regarding who may file for wrongful death. The parties with the initial right to file are the deceased person’s surviving spouse, child, grandchild or parent. If the decedent does not have these parties, a surviving sibling may file. The final opportunity to file will pass to a personal representative of the estate. The decedent might have listed this person in a will, or else the probate courts will assign a representative. The person filing for wrongful death in Missouri will have three years from the date of death to do so, according to the state’s statute of limitations.
To receive compensation for the death of a loved one in Missouri, you or your attorney will need to prove the defendant’s fault for the fatal accident or injury. The burden of proof rests with the claimant’s side of the case in civil law. Proving fault for wrongful death takes establishing four main elements.
Retain a lawyer for assistance proving a wrongful death case. Your attorney can revisit the scene of the fatal accident, gather evidence, hire experts and take other actions to support your tort claim. You can focus on healing with your family while your lawyer from Wendt Law Firm P.C. takes care of your case.
You do not have to cope with the wrongful death of a loved one or the related legal processes alone. The lawyers at Wendt Law Firm P.C. are here to help. Start your case with a free consultation at our local Joplin law office. Call (866) 539-4415 to ask for a free consultation or contact us online today.