Joplin Wrongful Death Attorney
Losing a family member because of someone else’s negligence is one of the most painful experiences anyone can face. No amount of money can replace the person you’ve lost, but a wrongful death claim can provide financial security for your family and hold the responsible parties accountable. If you’ve lost a loved one due to another person’s carelessness in Joplin, Southwest Missouri, or Southeast Kansas, attorney Kurt Benecke can help your family pursue justice.
What Is a Wrongful Death Claim in Missouri?
Under Missouri law (RSMo Section 537.080), a wrongful death claim can be brought when a person dies as a result of another party’s negligent, reckless, or intentional conduct. The claim is filed on behalf of the deceased person’s surviving family members and is designed to compensate them for the losses they have suffered.
Missouri’s wrongful death statute allows the following individuals to bring a claim: the surviving spouse, children or other descendants, or the parents of the deceased — all first-class claimants under the statute. If no first-class claimant survives, a brother or sister of the deceased may bring the claim. Additionally, a plaintiff ad litem may be appointed to bring the claim on behalf of all eligible persons.
Common Causes of Wrongful Death
Wrongful death claims can arise from many different types of incidents. Some of the most common causes include car, truck, and motorcycle accidents, medical malpractice, workplace accidents, defective products, premises liability (dangerous property conditions), and nursing home neglect or abuse.
Damages in a Missouri Wrongful Death Case
Missouri law allows surviving family members to seek compensation for a range of losses. These may include funeral and burial expenses, medical bills incurred before the death, lost income and future earnings the deceased would have provided, the reasonable value of the services, companionship, comfort, instruction, guidance, counsel, and support the deceased provided, and the pain and suffering the deceased experienced between injury and death. Grief itself is not a separately listed damage category under Missouri’s statute — which makes careful proof of the recognized categories all the more important.
In cases involving egregious conduct — such as drunk driving or intentional harm — punitive damages may also be awarded to punish the wrongdoer and deter similar behavior.
Time Limits for Filing
Missouri has a three-year statute of limitations for wrongful death claims, running from the date of death. This may sound like a long time, but investigating a wrongful death case, gathering evidence, and building a strong claim takes significant effort. The sooner you contact an attorney, the better your chances of preserving critical evidence and meeting all legal deadlines.
Why Families Choose Benecke Injury Law
Wrongful death cases are among the most complex and emotionally difficult areas of personal injury law. Insurance companies and corporate defendants will aggressively fight to minimize their exposure. Kurt Benecke has the trial experience to take on these cases and the compassion to guide your family through the legal process during an incredibly difficult time.
If your family has suffered a wrongful death, you don’t have to face this alone. Call Benecke Injury Law at (417) 553-4898 for a free, confidential consultation, or submit a request online. There is no fee unless we recover compensation for your family.