Wrongful death cases aim to provide a family with compensation for the losses they endured as a result of their loved one’s passing. Death that occurs from negligence can be a situation that fills relatives with deep anguish and heart ache. Our Chesterfield, MO wrongful death lawyer is aware of the sensitive and complicated nature of wrongful death cases. If your relative passed due to someone else’s fault, then it may mean you have grounds for pursuing a lawsuit against them. At The Dysart Law Firm, we understand that no amount of money can undo the damage done and how this will impact your family for generations to come. But what we can do is fight for a sense of justice and hold the offending parties accountable for the devastation their actions caused. We are here to offer support and legal guidance.
Missouri Wrongful Death Law
In most states, immediate family members of a decedent can file a wrongful death claim on behalf of their fallen loved one. However, in other states this privilege is also available for other relatives, such as grandparents or extended family. If the sole surviving family member of the deceased is under the age of 18, then the court may assign them a legal guardian to act in their best interests. In a wrongful death claim, family members can seek compensation for the following:
- Medical bills
- Loss of companionship
- Loss of income
- Funeral costs
- Pain and suffering
- Punitive damages
- Loss of future income
- General damages
- Mental anguish
- Loss of inheritance
Compensating relatives who lost a family member unexpectedly does not bring back the person they lost nor does it remove the grief. But what these cases can do is at least provide the surviving loved ones with the financial support they need to get through this difficult period. Families can focus on taking care of each other and grieving, without the worry of dealing with financial hardships. If you have questions about a potential wrongful death case, please contact our dedicated Chesterfield wrongful death attorney as soon as possible. Once we know more about what happened, we can perform investigations, uncover evidence, and inform you of your options from there. We can imagine the pain you may be going through at this very moment. You can trust our team to carry you through and work hard to keep your loved one’s memory alive through obtaining justice.
The Dysart Law Firm
A wrongful death occurs anytime that someone passes away due to the negligence of another. This can happen from car accidents, motorcycle accidents, workplace accidents, defective products, truck accidents, dangerous drugs, and more. We aim to provide grieving family members with compensation for their loss. While a monetary award does not take back the past, it can at least support you and your family into the future. If you have questions or just want to know if your loved one’s passing has grounds for taking legal action, the time to speak with us is now. At The Dysart Law Firm, we are ready to come to your family’s side.
Claim For Emotional Damages Following A Loved One’s Wrongful Death
As a trusted Chesterfield, MO wrongful death lawyer understands, losing a loved one due to someone else’s negligence or wrongful actions is one of the most devastating experiences anyone can endure. Not only are you left grappling with the profound grief of losing a cherished family member, but you may also find yourself facing significant emotional distress as a result of the circumstances surrounding their death. Debbie Dysart, a valued member of The Dysart Law Firm, has helped on many cases, including one where a jury awarded a large verdict, of $18 million. We understand the immense toll that such tragedies can take on families, and we’re here to help you seek justice and compensation for the emotional damages you’ve suffered.
Understanding Emotional Damages
When pursuing a wrongful death claim, many people focus primarily on the financial losses they’ve incurred, such as medical expenses, funeral costs, and loss of financial support. However, our wrongful death lawyer in MO knows it’s important not to overlook the profound emotional pain and suffering that often accompanies the loss of a loved one. Emotional damages, also known as non-economic damages, encompass a wide range of psychological and emotional hardships, including:
- Grief and sorrow. The intense sadness and sense of loss that come with the death of a family member can be overwhelming, making it difficult to cope with daily life.
- Mental anguish. Surviving family members may experience profound mental distress, including anxiety, depression, and post-traumatic stress disorder (PTSD), as they grapple with the trauma of their loved one’s untimely death.
- Loss of companionship. Losing a spouse, parent, child, or other close relative can result in a profound sense of loneliness and isolation, as well as the loss of emotional support and companionship.
- Diminished quality of life. The emotional toll of losing a loved one can affect every aspect of a person’s life, from their relationships and social interactions to their ability to work and enjoy activities they once loved.
Seeking Compensation For Emotional Damages
In Missouri, surviving family members may be entitled to seek compensation for emotional damages as part of a wrongful death claim. While no amount of money can ever fully compensate for the pain of losing a loved one, pursuing a claim can provide a sense of accountability and closure, as well as financial support to help cover the costs of counseling, therapy, and other forms of emotional support.
We have extensive experience representing families who have lost loved ones due to the negligence or misconduct of others. Our compassionate attorneys understand the complexities of wrongful death cases and are dedicated to helping our clients pursue the compensation they deserve for their emotional damages.
Take The First Step Toward Healing
If you’ve lost a loved one due to someone else’s negligence or wrongful actions, you don’t have to face the legal process alone. Contact The Dysart Law Firm today to schedule a consultation with one of our experienced attorneys. We’ll review the details of your case, explain your rights and options, and help you take the first step toward healing and justice. Since opening this firm in 1988, attorney Chris Dysart has focused his time on his clients. For help, reach out to our wrongful death lawyer in Chesterfield today.
6 Ways To Preserve Evidence In Wrongful Death Cases
As a Chesterfield, MO wrongful death lawyer can explain, preserving evidence is crucial in wrongful death cases to ensure that justice is served and the responsible parties are held accountable. When a loved one dies due to someone else’s negligence, having strong evidence can significantly impact the outcome of the case. Here, our team at At Dysart Law Firm, P.C. outlines six effective ways to preserve evidence in wrongful death cases, ensuring that your legal team has the best possible foundation to build a compelling case.
Document Everything Immediately
One of the most important steps in preserving evidence is to document everything related to the incident as soon as possible. This includes taking detailed notes of the circumstances surrounding the death, such as the date, time, location, and any other relevant details. Keeping a journal can help you record your memories and observations while they are still fresh. Additionally, collect any physical evidence you can find at the scene, like personal belongings or damaged objects, and store them securely.
Take Photographs And Videos
Visual evidence is incredibly powerful in wrongful death cases. Photographs and videos can capture the scene of the incident, the condition of the environment, and any visible injuries or damages. Be sure to take multiple photos from different angles and distances to provide a comprehensive view of the scene. If possible, create a video walkthrough of the area, narrating what you see and any notable details. This visual documentation can be invaluable in court, providing a clear and indisputable record of the circumstances.
Secure Medical Records And Reports
Medical records and reports are essential pieces of evidence in wrongful death cases. These documents provide detailed information about the cause of death, the extent of injuries, and the medical treatments administered. Request copies of all relevant medical records from healthcare providers, including autopsy reports if available. These records can help establish a direct link between the negligence and the death, making them critical for your Chesterfield wrongful death lawyer to build a strong case. We have gotten our clients settlements as large as $18 million in wrongful death suits.
Collect Witness Statements
Witness statements can provide crucial support in wrongful death cases. If there were any witnesses to the incident, it is important to gather their contact information and ask them to provide written statements about what they saw. These statements should include as much detail as possible, such as the witness’s perspective, the sequence of events, and any conversations they overheard. Witnesses can often offer insights and details that might not be immediately apparent, strengthening the overall evidence.
Preserve Electronic Evidence
In today’s digital age, electronic evidence can play a significant role in wrongful death cases. This includes emails, text messages, social media posts, and any other digital communications related to the incident. Ensure that all electronic evidence is preserved and backed up in multiple locations. Avoid deleting or altering any digital files, as this can compromise their integrity and admissibility in court. With various case types that have totaled $500,000 in settlements and more, our team knows that electronic evidence can be the difference in winning and losing a case. If you know there is evidence out there but you have not been able to obtain it, our team can help.
Hire An Investigator
Sometimes, it is beneficial to hire a professional investigator to help preserve and gather evidence. Investigators have the skills and resources to conduct thorough investigations, interview witnesses, and collect additional evidence that might be difficult to obtain on your own. They can also help ensure that all evidence is preserved in a manner that is legally admissible, providing a solid foundation for your case. Working with an investigator can significantly enhance the quality and quantity of evidence available to your legal team. A lawyer will guide you on this aspect if it is needed.
Preserving evidence in wrongful death cases is a critical step in achieving justice for your loved one. By taking these steps, you can help ensure that your Chesterfield wrongful death lawyer has the necessary tools to build a compelling and effective case. At Dysart Law Firm, P.C., we understand the importance of preserving evidence and are committed to helping you every step of the way. If you have lost a loved one due to someone else’s negligence, contact us today for a consultation. We are here to provide the support and guidance you need during this challenging time.
Chesterfield Wrongful Death Lawyer
Our Chesterfield, MO wrongful death lawyer sympathizes with those who have lost a loved one due to someone else’s negligence and understands how incredibly painful the experience can be. It can be overwhelming to think about legal steps during such a time, but understanding the process can help you seek justice and compensation for your loss. At Dysart Law Firm, P.C., we are here to provide support and guidance through this challenging time. The Dysart Law Firm is dedicated to using the law and the courts to seek justice and compensation for people who have been impacted by the actions of negligent and reckless corporations and individuals. Below are some frequently asked questions about wrongful death claims that we often address with our clients.
What Are Common Causes Of Wrongful Death?
Wrongful death can occur in a variety of circumstances, but some common causes include motor vehicle accidents, medical malpractice, workplace accidents, defective products, and criminal activities. Motor vehicle accidents are a frequent cause, often involving negligent driving behaviors such as speeding, distracted driving, or driving under the influence. Medical malpractice cases may involve misdiagnosis, surgical errors, or failure to provide appropriate treatment. Workplace accidents can happen in hazardous environments where safety protocols are not followed. Defective products that fail and cause harm can also lead to wrongful death claims, as can criminal acts resulting in the death of an individual.
How Is Liability Determined In A Wrongful Death Case?
Liability in a wrongful death case is determined by establishing that the defendant’s actions or negligence directly caused the death of your loved one. This process involves proving four key elements: duty, breach of duty, causation, and damages. First, it must be shown that the defendant owed a duty of care to the deceased. Next, you must prove that the defendant breached this duty through negligent or wrongful actions. Causation requires demonstrating that this breach directly resulted in the death. Finally, damages refer to the losses incurred as a result of the death, such as medical expenses, funeral costs, loss of income, and emotional suffering. As your Chesterfield wrongful death lawyer, we will thoroughly investigate the circumstances of your case to build a strong argument for liability.
What Evidence Is Needed To Support A Wrongful Death Claim?
Supporting a wrongful death claim requires comprehensive evidence to establish the defendant’s liability and the impact of the loss on the surviving family members. Key pieces of evidence include medical records, accident reports, witness statements, and expert testimonies. Medical records can provide insight into the cause of death and any medical negligence involved. Accident reports are crucial for motor vehicle accidents, detailing the events leading to the fatality. Witness statements can offer additional perspectives and corroborate your account of the incident. Expert testimonies from medical professionals, accident reconstruction specialists, or other relevant experts can provide in-depth analysis and support your claim. Collecting and organizing this evidence effectively is essential for a successful wrongful death claim.
How Much Does It Cost To Hire A Lawyer In Chesterfield?
Many people worry about the cost of hiring a lawyer, but it’s important to note that most wrongful death attorneys work on a contingency fee basis. This means you do not have to pay any upfront fees. Instead, the lawyer’s fee is a percentage of the settlement or court award you receive if your case is successful. If you do not win your case, you typically do not owe any legal fees. This arrangement allows you to pursue justice and compensation without the added stress of legal costs.
Can I File A Wrongful Death Claim If The Deceased Was Partially At Fault?
Yes, you can still file a wrongful death claim even if the deceased was partially at fault. Missouri follows the doctrine of comparative fault, which means that the compensation awarded will be reduced by the percentage of fault attributed to the deceased. For instance, if the deceased was found to be 30% at fault for the accident, the compensation awarded would be reduced by 30%. It’s important to discuss the specifics of your case with a lawyer to understand how comparative fault may impact your claim and to develop a strategy for pursuing the maximum compensation possible.
In conclusion, dealing with the aftermath of a wrongful death is challenging, but you don’t have to go through it alone. At Dysart Law Firm, P.C., we are dedicated to helping you seek justice and hold those responsible accountable. If you have lost a loved one due to someone else’s negligence, contact us today to speak with a Chesterfield wrongful death lawyer. With millions of dollars recovered for injured clients,The Dysart Law Firm is committed to helping those who have been injured or have died as the result of the negligence of others. Let us support you through this difficult time and work towards obtaining the compensation you deserve.