Wrongful Death Claims
Wrongful death generally refers to a suit brought against a person for the death of another person. The person or persons filing the claim often are close relatives of the deceased. Wrongful death differs from criminal law in that individuals, as opposed to the state, can bring the suit. The threshold for proving guilt is lower for a claim of wrongful death than is the case for a death under criminal law. The claimant's legal representative, for example, need not prove beyond a reasonable doubt that the defendant is guilty of the wrongful death of another, but rather the claimant need only show that the quality and quantity of the evidence points to an act of wrongful death. This, along with the fact that defendants in wrongful death cases have fewer rights to due process, cannot claim immunity, and do not have protections that prevent them from incriminating themselves or answering other questions like they do in a criminal case, means that it can often be less difficult to succeed in bringing a case of wrongful death than to get a conviction for a death under criminal law.
Damages are generally divided into 2 categories. The first category is economic damages. They are measured in money that reasonably might have been lost or may be lost in the future through loss of services, loss of education or training, loss of earnings by the deceased, and expenses incurred in the care of the deceased. The second category, non-economic damages, is not so easy to measure in money. Mental anguish, bereavement and loss of companionship would be considered for non-economic damages. Missouri limits non-economic damages against certain parties, such as health care providers. Survivors may not sue to recover damages for bereavement.
If you feel your family has cause for a wrongful death claim, call us at 1-800-536-8844 or contact us online. Our attorneys will be happy to provide a free consultation to consider your case and answer your questions. Kullmann, Klein & Dioneda, P.C. We can’t change the past, but we may be able to help with the future.
Damages are generally divided into 2 categories. The first category is economic damages. They are measured in money that reasonably might have been lost or may be lost in the future through loss of services, loss of education or training, loss of earnings by the deceased, and expenses incurred in the care of the deceased. The second category, non-economic damages, is not so easy to measure in money. Mental anguish, bereavement and loss of companionship would be considered for non-economic damages. Missouri limits non-economic damages against certain parties, such as health care providers. Survivors may not sue to recover damages for bereavement.
If you feel your family has cause for a wrongful death claim, call us at 1-800-536-8844 or contact us online. Our attorneys will be happy to provide a free consultation to consider your case and answer your questions. Kullmann, Klein & Dioneda, P.C. We can’t change the past, but we may be able to help with the future.