How St. Louis Families Can Fight for Justice After a Wrongful Death?
Losing a loved one is devastating. When that loss stems from another’s negligence, the pain can be even more intense.
However, this is the tragic reality of families facing wrongful death in St. Louis. For such families, understanding what wrongful death is and overcoming the related legal processes can be overwhelming.
This guide aims to provide a brief, clear path to help families understand their options and take actionable steps after such a loss.
What Is a Wrongful Death Claim?
A wrongful death claim arises when someone’s death is caused by another party’s negligence or intentional harm. It would have been an avoidable death had the contributing party taken appropriate measures.
In St. Louis, these claims often stem from numerous events, including medical negligence, auto accidents, workplace incidents, and police misconduct. The city has seen several wrongful death cases that have drawn significant attention. For instance, the family of a man who died after being held in the St. Louis Justice Center has filed a lawsuit, accusing the prison and healthcare personnel of negligence and medical malpractice.
The lawsuit filed on November 7, 2023, in St. Louis Circuit Court names the culprits as the City of St. Louis, Corizon, some medical staff, and a few security guards. The victim’s sister is petitioning for a jury trial and additional reparations. This case highlights the shortcomings of the City Justice Center and Corizon, a prison healthcare contractor. The company has been accused over 650 times of medical malpractice.
What Steps to Follow After a Wrongful Death?
When faced with a wrongful death, taking immediate action can have a major impact on the outcome of any legal proceedings. First, it is essential to collect and preserve all relevant evidence.
This includes photo evidence of the scene, medical paperwork, and witness testimonials. Additionally, keeping detailed records of all interactions and events leading up to the death can be invaluable. Next, report the accident to the relevant authorities. This creates an official paper trail.
Following this step, contact a qualified attorney as soon as possible. Consulting a St. Louis personal injury attorney can provide crucial guidance and support, ensuring that your rights are protected and justice is pursued. Finally, seek emotional support. Grief counseling can help you cope during this difficult time.
Understanding the Legal Process
Wrongful death cases are legally complex and involve several steps. According to Missouri Revised Statute 537.100, you have three years from the date of your loved one’s passing to file a wrongful death claim.
This time limit, known as the statute of limitations, is crucial to remember. Moreover, each state has its unique statute. Not meeting this deadline could mean you forfeit your right to claim compensation. Initially, your attorney will file a lawsuit on your behalf. This process includes procuring evidence, questioning eyewitnesses, and putting together a convincing narrative to serve in court. If successful, compensation may cover various damages, including:
- Medical expenses related to the deceased’s final injury or illness
- Funeral and burial costs
- Lost wages and benefits the victim might have procured
- Hardship suffered by the deceased before death
- Loss of companionship, guidance, and support for family members
It’s important to note that Missouri doesn’t impose a cap on economic damages in wrongful death cases. However, there is a limit on non-economic damages, which is revised annually to reflect inflation.
According to the Missouri Department of Insurance, for 2024, the damage cap for catastrophic injuries is $814,679, whereas for non-catastrophic injuries, it is $465,531. These caps are accounted for with a constant adjustment rate of 1.7 percent.
Proving a Wrongful Death Claim and Settlement
To win a wrongful death case, your attorney will need to establish several critical points:
- The defendant owed a duty of care to the deceased,
- The defendant disregarded his obligation,
- The negligence directly resulted in death,
- The death caused trauma to the surviving family members.
The settlement amount in a wrongful death case depends on various factors, including:
- The deceased age,
- Pre-existing health issues,
- Liability percent in the accident,
- Proof of the negligent party’s error,
- The deceased’s earning capacity/income at the time of death,
- Medical bill costs due to the negligent party’s recklessness,
- Out-of-pocket funeral and burial expenses, and
- Lost income
According to TorHoerman Law, an experienced attorney can negotiate a fair settlement reflecting the full extent of your losses. If satisfactory compensation isn’t possible, the case goes to trial.
Can You Sue Someone’s Property for Wrongful Death?
Yes, you can sue someone’s estate for wrongful death in Missouri. If the responsible party has passed away, a claim can be filed against their estate for compensation for the loss caused by their negligence.
However, the Missouri Revised Statute § 473.360 states that you can only do so within six months of the estate being put into probate. The deceased’s spouse, children, or parents will oversee the estate settlement.
Remember, fighting for justice after a wrongful death is challenging but important. It can bring closure and prevent future tragedies. If you believe their death resulted from wrongful death, know that you have options. Bear in mind that you’re never alone in this fight.
With the right counsel and resources, you can seek the justice your loved one deserves. If you’re facing this stressful issue, don’t hesitate to seek help. St. Louis has professionals and organizations ready to support you through this process.