Clayton Wrongful Death Lawyer
When a family member dies unexpectedly, the emotional impact can be hard to bear. However, the financial and emotional effects of a sudden death are often compounded when another person was at fault. If you or your loved ones are enduring financial hardship due to the wrongful death of a family member, a compassionate personal injury attorney might be able to help you get back on your feet.
As tragic as the loss of your family member is, not every death may result in a viable wrongful death claim. For help determining if you have a claim for damages, contact a Clayton wrongful death lawyer as soon as conveniently possible.
How Does the Law Define Wrongful Death?
According to Missouri Statute 537.080, a death is considered wrongful if it resulted from an occurrence that would have resulted in a viable injury claim had the deceased survived their injuries.
In other words, a wrongful death lawsuit allows an injury claim to survive even though the victim is no longer alive. However, the prospective damages available in a Clayton wrongful death suit go beyond those in a standard injury case. In addition to the medical bills and other expenses from the victim’s final injury or illness, a wrongful death action may also seek to recover things like burial expenses and funeral costs. A Clayton wrongful death lawyer could provide guidance on the potential damages in a wrongful death case.
Common Causes of Wrongful Death Cases in Clayton
Any negligent or wrongful act could result in a wrongful death case under the right circumstances. However, some incidents are more likely than others to result in a wrongful death lawsuit. These include:
- Work accidents
- Drunken driving collisions
- Criminal acts
- Medical error
- Injuries from a fall
A wrongful death attorney in Clayton may review the circumstances surrounding a loved one’s untimely passing to determine if a wrongful death claim might be viable.
When Does a Person Have the Right to File a Wrongful Death Lawsuit?
When preparing a wrongful death claim, it is vital to determine who qualifies as the plaintiff. For such cases, the decedent’s spouse, parents, or children may present a claim. If these individuals cannot file a claim, the decedent’s siblings or their heirs would claim responsibility. If none of the decedent’s family members are unable to present a claim, the court may appoint the plaintiff ad litem to pursue the claim on behalf of the decedent’s estate.
The right to pursue a wrongful death claim rests in both natural-born and adopted children. If a deceased person’s children are no longer living, their heirs have the right to pursue a wrongful death claim on their behalf. The same is true for children of the decedent’s siblings.
Call a Clayton Wrongful Death Attorney Right Away
If you believe you are entitled to bring a wrongful death claim on behalf of a family member, do not hesitate to seek legal counsel right away. An attorney could help your family determine who has the ability to present a wrongful death claim. A lawyer could also review the facts of the case and help present a convincing claim in court.
To discuss your options, call a Clayton wrongful death lawyer to schedule your initial consultation.