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Wrongful Death

Newton County Wrongful Death Lawyers

Also Serving Families in McDonald County & Southwest Missouri

Little is as shocking or traumatizing as the sudden loss of a loved one in an accident or other event. Grieving family members are left to face all the personal and financial consequences of such a loss, from the heartbreak of never enjoying the love and affection of their loved one again to a loss of monetary or household support the deceased person provided. Add into these losses the medical expenses incurred by the decedent prior to death as well as funeral and burial expenses and families can face significant distress.

When all the above has occurred due to the negligence or wrongdoing of others, a wrongful death claim can be a legal process that brings justice to families. At Neff & Day, P.C., our firm has been providing legal guidance and representation in these cases since 1994. We understand the pain and difficulty involved in such proceedings and are here to ensure that your claim is handled with the utmost care, competence, and compassion. Our mission is to ensure that your family receives the compensation you need and deserve in the wake of such a life-changing event. 

Learn more about how our Newton County wrongful death attorneys can help you by contacting Neff & Day, P.C. online or at (417) 387-3373 today.  

Wrongful Death Claims in Missouri

Under Missouri law, wrongful death is defined as the death of a person from “any act, conduct, occurrence, transaction, or circumstance, which if death has not ensued, would have entitled such person to recover damages. . .” This means that, had the person survived, he or she would have had grounds to pursue a personal injury claim against the wrongful party or parties. Since the person cannot do so, others can step in to pursue compensation for damages through an action for wrongful death.

These cases commonly occur when someone is killed in accidents, such as car accidents, commercial vehicle accidents, motorcycle accidents, or premises liability

Who Can Bring a Wrongful Death Action?

Only one wrongful death action is allowed against any one defendant, filed by the following in the order in which they are eligible. 

  • The surviving spouse, parents, or children. If the children are deceased, their descendants may file.
  • Surviving siblings or their descendants.
  • If none of the above exists, a “plaintiff ad litem” may file. This person is appointed by the court and must be some “suitable” person who has been requested to proceed for other persons entitled to receive damages. 

Damages Available in a Wrongful Death Case

The damages available to family survivors or the decedent’s estate in any wrongful death case will depend on the specifics of the case. 

These damages may include:

  • Medical expenses incurred by the decedent prior to death.
  • Funeral and burial expenses.
  • Pain and suffering the decedent endured after his or her injury up until death.
  • Wages and benefits that the decedent would have provided if he or she had not died.
  • The value of the following that the decedent would have provided to family members: companionship, comfort, consortium, support, guidance, and instruction. 
  • The value of caregiving the decedent would have provided to one or more children, a senior, or a disabled person at least 50 percent of his or her time if not employed full-time at the time of death.

In wrongful death cases caused by events other than medical malpractice, Missouri does not place a cap on the damages that may be awarded. 

 

Compassionate Legal Support for Wrongful Death Cases

Dealing with the loss of a loved one due to someone else's negligence or wrongdoing is an incredibly difficult and emotional experience. Our team of experienced wrongful death lawyers at Neff & Day, P.C. understands the pain and suffering that families go through in these situations. We are dedicated to providing compassionate and personalized legal support to help you seek justice and fair compensation for your loss.

When you choose us to represent your wrongful death case, you can expect:

  • Thorough investigation and analysis of the circumstances surrounding the death
  • Clear and honest communication about your legal options and potential outcomes
  • Aggressive advocacy to hold the responsible parties accountable for their actions
  • Guidance and support throughout the entire legal process

Our goal is to alleviate some of the burden on your shoulders so you can focus on healing and honoring the memory of your loved one. If you have lost a family member due to wrongful death, don't hesitate to reach out to us for a compassionate and dedicated legal representation.

Learn more about how our Newton County wrongful death attorneys can help you by contacting Neff & Day, P.C. online or at (417) 387-3373 today.

Wrongful Death FAQ

Is there a cap on damages in wrongful death cases in Missouri?

In wrongful death cases caused by events other than medical malpractice, Missouri does not place a cap on the damages that may be awarded.

How long do I have to file a wrongful death claim in Missouri?

In Missouri, the statute of limitations for filing a wrongful death claim is generally three years from the date of the deceased person's death. It's important to consult with an attorney to understand the specific time limitations that may apply to your case.

  • "Brett is a one-of-a-kind person that does his job out of integrity, character, and honesty."
    Former Client
  • "My personal injury seemed overpowering and hopeless but in the face of adversity, Terry Neff helped me overcome."
    Former Client
  • "Excellent legal advice at a reasonable price. Highly recommend his services."
    Former Client

Statute of Limitations

Missouri applies a statute of limitations of three years for the filing of wrongful death claims. This gives you a deadline of three years from the date your family member died to file. If you fail to file within that timeframe, you will forfeit your right to pursue damages. 

Wrongful death claims are civil matters that can be pursued in a separate legal action from any criminal charges made against the defendant. 

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