Columbia MO Wrongful Death Lawyer
Your Rights to Compensation Because of the Death of a Loved One
If a family member has been killed in Columbia or in Missouri because of the negligence or wrongful act of a person, company or government agency, you may be going through one of the most traumatic and painful times in your life. Someone you loved, someone who brought meaning and joy to your life, is no longer with you for literally no good reason.
If this is your situation, a lawsuit in civil court could hold the responsible party accountable for their actions and provide you with compensation for the pain and financial harm that’s been done. A wrongful death lawsuit can be brought when the circumstances show that the death of a family member was due to the negligence or intentional act of another party.
For example:
- A fatal house fire was caused by an electrical problem due to substandard work by an electrician.
- A death occurs in a vehicle accident when a dump truck collides with a car because its brakes were negligently maintained by its owner.
- A police officer fails to follow department rules or guidelines and shoots and kills someone mistakenly believed to be a suspect.
- A teen’s parents buy alcohol for their son’s graduation party where underage drinking occurs, and an intoxicated teenaged guest is killed in a one-vehicle accident on her way home.
What is a Wrongful Death Lawsuit?
Missouri statutes section 537.080 defines a “wrongful death” as “the death of a person result[ing] from any act, conduct, occurrence, transaction, or circumstance which, if death had not ensued, would have entitled such person to recover damages in respect thereof.”
How does this apply to your situation?
A lawsuit filed due to a wrongful death seeks damages from a defendant (or multiple defendants) whose negligent or intentional actions caused the death and resulting damages. Not just anyone can be a plaintiff in a Missouri wrongful death action. Under state statute, the first in line with the ability to bring such a claim would be a surviving spouse, the person’s children or grandchildren. The victim’s parents can also bring a wrongful death claim, which commonly happens if the victim is a child or young person who hasn’t married.
What damages are available in a Wrongful Death Lawsuit?
A lawsuit for wrongful death seeks compensation in the form of money damages for losses suffered due to the person’s death.
Some types of losses for which damages can be awarded include:
- Final expenses
- Medical bills related to the final injury or illness
- Value of the wages and benefits the victim would likely have received if he or she had lived
- Pain and suffering experienced by the deceased just prior to death
- The reasonable value of the services, companionship, comfort, instruction, guidance and support the deceased person provided to surviving family members.
Wrongful death claim must be filed within three years of the date of the decedent’s death. If the case is not filed by the deadline, it will probably be dismissed.
How does negligence factor into a wrongful death lawsuit?
In a wrongful death case, unless it was caused by an intentional act, a negligence theory would be used by a plaintiff to prove the case. In a case involving a fatal house fire caused by a negligent electrician, the plaintiff would have the burden to show these things:
- The defendant owed the deceased a duty of care (an electrician should have complied with local building codes and used reasonable care for the work),
- The defendant breached that duty of care (building codes weren’t followed, reasonable care wasn’t taken by the electrician when doing the work and the material used was not designed for the purpose it was installed for),
- The breach was in fact the cause of death (faulty wiring caused a fire which killed the deceased, who died of smoke inhalation),
- The breach was the proximate, or legal, cause of death, and
- Because of the death, the plaintiff suffered harm which can be compensated for under Missouri law.
Contact Our Columbia Wrongful Death Lawyers
If a wrongful death case goes to trial, a defendant may use any defenses which would be available in a legal action based on the same act, conduct or circumstance which caused the death if the deceased had survived and filed his or her own personal injury action.
At Bley & Evans Attorneys at Law, we handle wrongful death cases in Missouri arising out of a variety of circumstances. We understand the difficulties you’re facing and know how to best represent you so you can receive fair compensation for the harm you’ve suffered. We can start with a free consultation. Give our Missouri wrongful death lawyers a call at 844-443-8385 to schedule yours today.
Recent posts
Guide to Missouri Wrongful Death Actions / In Missouri, a civil suit for wrongful death is a statutory action authorized by R.S.Mo. § 537.080, 537.085, and 537.090. The statutes created a new cause of action where none existed at common law. In other words, a wr...
Early Winter Weather / Early winter weather struck mid-Missouri late last month. While temperatures remained near 20 degrees with wind chills in the single digits, snow moved into the region. The City of Columbia preemptively deployed a 16 man...
Beware of Deer on Missouri Roads / The Missouri Department of Transportation (MoDOT) is warning Missouri motorists of deer on roads during the peak months of October and November. MoDOT reported car and deer collisions result in almost 200 deaths and $1.1...
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Snow and Ice Create Dangerous Road Conditions in Mid-Missouri / Snow and ice over the last week has caused dangerous road conditions in Columbia and surrounding areas. Since Friday morning, nearly 400 accidents have been reportedly caused by icy conditions. Additionally, first respon...
MoDOT to Missouri Motorists: Move Over for First Responders / On average, emergency crews working for the Missouri Department of Transportation (MoDOT) respond to 5,500 traffic accidents per month. Every year, hundreds of these emergency responders, including fire fighters, law enf...
Semi-Truck Accidents Increasingly Common in Missouri / How new and proposed rules may decrease accidents. According to a study conducted by the Missouri Department of Transportation in 2011, accidents involving commercial motor vehicles made up 9.2% off all traffic crashe...
Missouri Strikes Down Red-Light Camera Ordinances / Earlier this week, the Missouri Supreme Court struck down local ordinances regarding the use of red-light cameras in St. Louis, Kansas City, and St. Peters. While the Court did not ultimately decide the legality of using...
10-Year Statute of Repose for Medical Malpractice / Missouri Supreme Court Upholds 10-Year Statute of Repose for Medical Malpractice Claims Earlier this year, The Supreme Court of Missouri affirmed a trial court’s dismissal of a medical malpractice claim after a heal...
Flooding Roadways / Flooded Roadways Extremely Dangerous to Motorists Due to the high amount of rain in the past few weeks, many lakes, rivers, and streams across Missouri have seen an increase in water levels and flooding. Because flooded...
Takata Airbag Recall / What you should know and what owners of recalled vehicles should do As of June 12, faulty deployment mechanisms in airbags produced by the Japanese supplier Takata have caused seven fatalities, as well as over one hundr...
Best Practices to Prevent Workplace Accidents / Merriam-Webster's definition of accident is, "an unfortunate event resulting especially from carelessness or ignorance." The first example of the word used in a sentence is, "He was injured in an accident at work." Why d...
Viking Gas Range Recall / Hazard: The ranges’ ovens can turn on by themselves, posing a burn hazard to consumers. If you or someone you know has been injured by a Viking Gas Range, contact us immediately. You may be entitled to compensati...
What to Do After a Car Accident / Get your injuries treated If you have injuries at the accident scene, do not drive yourself away. Have yourself fully evaluated and treated by a medical professional. Document your injuries It will be much eas...
Work Safety Guide / The backbone of a safe working environment is a proper injury and accident prevention program that incorporates the aforementioned practices and encourages employees to take safety measures seriously. As an employer, it'...
Guide to Missouri Wrongful Death Actions / In Missouri, a civil suit for wrongful death is a statutory action authorized by R.S.Mo. § 537.080, 537.085, and 537.090. The statutes created a new cause of action where none existed at common law. In other words, a wr...
Early Winter Weather / Early winter weather struck mid-Missouri late last month. While temperatures remained near 20 degrees with wind chills in the single digits, snow moved into the region. The City of Columbia preemptively deployed a 16 man...
Beware of Deer on Missouri Roads / The Missouri Department of Transportation (MoDOT) is warning Missouri motorists of deer on roads during the peak months of October and November. MoDOT reported car and deer collisions result in almost 200 deaths and $1.1...
Back to School Road Safety / According to the United States Department of Transportation, 50 millions students will be attending America’s public elementary and secondary schools this fall. Included in that figure is 35 million kids who will be at...
Tips to Prepare for Summer Travel / The National Highway Traffic Safety Administration recently released its list of Cool Tips for a Safe Summer Trip. Following these tips could help avoid a breakdown or even a highway collision. First, before you embark o...
Work Zone Safety: Buckle up Phone Down / The Missouri Department of Transportation wants to remind motorists to buckle up and put phones down. As warmer weather arrives in the region, work zones will become more common on the state’s highway system. While wor...
Missouri Motorist Insurance / According to the Missouri Department of Revenue, the Show Me State requires that all motorists keep liability insurance coverage. Liability insurance is designed to indemnify the policyholder when his or her actions caus...
Aviation Consumer Protection / The U.S. Department of Transportation (DOT) released a new website of the Aviation Consumer Protection Division (ACPD). The ACPD receives and reviews consumer complaints directed at airlines. The website contains a wealt...
4 Reasons a Personal Injury Attorney Helps Your Case / One of the most well-known sentiments in the legal field is that someone who represents themselves in court has a fool for a client. One of the central ideas behind this axiom is that even attorneys typically have the go...
Traffic Incident Response Awareness Week / The Federal Highway Administration’s second annual Traffic Incident Response Awareness Week runs from November 13 – November 19. The National Highway Traffic Safety Administration (NHTSA) reported a 7.2% increase in ...
Seatbelt Usage on the Rise as MoDOT Reminds Motorists to Drive Safely Around Big Trucks / The Missouri Safety Center and the University of Central Missouri recently released the results of the 2017 Missouri Seat Belt Usage Survey. The results showed that more Missourians are making the smart choice to buckle ...
Annual Fatal Traffic Crash Data / Last week the U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) released its annual report of fatal traffic crashes for calendar year 2016. The NHTSA collected information from ...
Pavement Blow-ups / Columbia has had its first pavement blow-up of the year, according to Barry Dalton, a public information officer for the Columbia Public Works Department. Eastbound Bernadette Drive was closed down for over 24 hours earl...
Bill in Missouri Legislature May Limit Consumer Protections for Plaintiffs / A bill currently in the Missouri Legislature threatens to limit consumer protections in Missouri. The proposal, Senate Bill 5, specifically changes current laws relating to unlawful merchandising practices, class actio...
Laptop Battery Pack Recall Expanded / Toshiba has recently expanded a recall of Panasonic lithium-ion battery packs that were installed on over 40 models of Toshiba Satellite laptops. The original recall was announced in March 2016, but was expanded in Janu...
Five Injured after Multiple Vehicles Collide on I-70 / Snow and ice once again contributed a number of accidents in early January in the Mid-Missouri area. The Columbia Daily Tribune reported that five people were injured in a four-vehicle crash on I-70 near Columbia on Janu...
Snow and Ice Create Dangerous Road Conditions in Mid-Missouri / Snow and ice over the last week has caused dangerous road conditions in Columbia and surrounding areas. Since Friday morning, nearly 400 accidents have been reportedly caused by icy conditions. Additionally, first respon...
MoDOT to Missouri Motorists: Move Over for First Responders / On average, emergency crews working for the Missouri Department of Transportation (MoDOT) respond to 5,500 traffic accidents per month. Every year, hundreds of these emergency responders, including fire fighters, law enf...
Semi-Truck Accidents Increasingly Common in Missouri / How new and proposed rules may decrease accidents. According to a study conducted by the Missouri Department of Transportation in 2011, accidents involving commercial motor vehicles made up 9.2% off all traffic crashe...
Missouri Strikes Down Red-Light Camera Ordinances / Earlier this week, the Missouri Supreme Court struck down local ordinances regarding the use of red-light cameras in St. Louis, Kansas City, and St. Peters. While the Court did not ultimately decide the legality of using...
10-Year Statute of Repose for Medical Malpractice / Missouri Supreme Court Upholds 10-Year Statute of Repose for Medical Malpractice Claims Earlier this year, The Supreme Court of Missouri affirmed a trial court’s dismissal of a medical malpractice claim after a heal...
Flooding Roadways / Flooded Roadways Extremely Dangerous to Motorists Due to the high amount of rain in the past few weeks, many lakes, rivers, and streams across Missouri have seen an increase in water levels and flooding. Because flooded...
Takata Airbag Recall / What you should know and what owners of recalled vehicles should do As of June 12, faulty deployment mechanisms in airbags produced by the Japanese supplier Takata have caused seven fatalities, as well as over one hundr...
Best Practices to Prevent Workplace Accidents / Merriam-Webster's definition of accident is, "an unfortunate event resulting especially from carelessness or ignorance." The first example of the word used in a sentence is, "He was injured in an accident at work." Why d...
Viking Gas Range Recall / Hazard: The ranges’ ovens can turn on by themselves, posing a burn hazard to consumers. If you or someone you know has been injured by a Viking Gas Range, contact us immediately. You may be entitled to compensati...
What to Do After a Car Accident / Get your injuries treated If you have injuries at the accident scene, do not drive yourself away. Have yourself fully evaluated and treated by a medical professional. Document your injuries It will be much eas...
Work Safety Guide / The backbone of a safe working environment is a proper injury and accident prevention program that incorporates the aforementioned practices and encourages employees to take safety measures seriously. As an employer, it'...