Cape Girardeau Wrongful Death Lawyer

Common Reasons for Western Missouri Residents’ Premature Deaths

Surviving family members often file wrongful death claims following the death of a loved one in several different types of incidents, such as:

• Medical Malpractice: Any type of healthcare provider negligence may fall into this category, including misdiagnosing patients and making surgical or medication errors.
• Motor Vehicle Collisions: Car crashes or truck wrecks that result in a person’s death in Cape Girardeau may be caused by someone else’s negligent actions, such as drunk, fatigued, or distracted driving, reckless operation of a vehicle, and many other concerns.
• Nursing home abuse and neglect: While, fortunately, not always an outcome, abuse of nursing home residents in southeastern Missouri can cause premature death. Taking action against the perpetrators of acts that led to their demise and others may be a possibility in situations like these.
• Product Liability: Any situation in which a dangerous or defective product fatally injures a user may allow surviving family members to potentially file a wrongful death action against its designer, manufacturer, distributor, or retailer.
• On-the-job accidents: While workers’ compensation may be available to close relatives of those fatally injured on the job in Cape Girardeau, surviving relatives may also be able to pursue a third-party claim in some instances.

While the sudden death of a family member doesn’t specifically entitle you to file a wrongful death action in Missouri, it might. It’s best to speak with a Cape Girardeau wrongful death lawyer to better understand what your legal options may be in your specific situation. Consulting with one of our Prince Law Firm attorneys is free.

Who Can File a Missouri Wrongful Death Lawsuit?

The Revised Statutes of Missouri (RsMo), and specifically RsMo Section 537.080, clarifies who can file a wrongful death claim here. It includes the decedent’s next of kin in the following priority order (with a few exceptions):

• A spouse
• A child
• The parents of the decedent (birth or adoptive)

Should a decedent not have any of the aforementioned surviving relatives upon their demise, the right to file a Cape Girardeau wrongful death claim would pass on to:

• Siblings of the deceased individual
• Descendants of the deceased individual’s brothers and sisters (so their nieces and nephews, for example)

Plaintiffs ad litem can bring such cases if none of the above-referenced loved ones are still alive.

If you’re unsure who may be entitled to take legal action after a family member’s unexpected passing, our Cape Girardeau wrongful death attorneys can help you understand your legal rights.

The Role of a Cape Girardeau Wrongful Death Lawyer

When it comes to taking legal action, you’ll certainly want to align yourself with an attorney to help forward your case. Why? As mentioned above, there’s more than initially meets the eye that you have to do to have a successful case, including proving negligence resulted in your family member’s death.

So, now that you’re clear that having legal counsel assisting you is essential, you may want to know more about the role a wrongful death lawyer plays in helping you see your case to its successful completion. You can expect your death attorney to:

Will Know Filing Deadlines Applicable in Your Case

A strict statute of limitations (filing deadline) applies to Missouri wrongful death cases. It’s three years from the date of death. This means that your family must file the lawsuit by that deadline, or you may otherwise lose your right to seek compensation. You can expect any wrongful death lawyer in Cape Girardeau that you work with to know what this filing deadline is and exceptions to it and to ensure any specified timelines are adhered to.

Investigate Why Your Loved One Died

A wrongful death attorney in Cape Girardeau will carefully look at any reports made and other evidence compiled to determine what happened in the moments preceding your loved one’s death. Knowing this is key to establishing causation, which is one of the necessary elements to prove a defendant’s liability for what happened.

Calculate How Much the Case Is Worth

There can be both existing or past losses and future damages associated with a loved one prematurely losing their life. You can expect any wrongful death lawyer you work with in our office to account for the entirety of your losses when calculating how much to demand for defendants to pay.

Negotiate With Insurance Adjusters

Defendants are often represented by insurers. They generally want to do everything within their command to pay out as little as possible on a claim. That being said, settling wrongful death cases outside of court generally involves a lot of back-and-forth to reach an agreement as to a settlement offer. Since attorneys are skilled negotiators, having a Cape Girardeau wrongful death lawyer advocating for you can prove invaluable.

Take Your Case to Trial

Almost any injury lawyer is going to do everything possible to try and settle your case outside the courtroom. However, that’s not always possible to accomplish, especially if an insurer is intent on denying liability or not offering a fair settlement. Thus, any attorney you work with on a Cape Girardeau County case like this should be prepared to take your case to trial if necessary. We’re ready to do just that here at Prince Law Firm if necessary.

Let Prince Law Firm Help You After a Loved One’s Untimely Loss

You’ve lost a close relative because of someone else’s preventable actions. While there’s nothing a Cape Girardeau wrongful death lawyer can do to give you your beloved family member back, we can help you navigate the legal system and hold the parties that harmed them accountable for their actions to the fullest extent Missouri law allows.

We understand that you and your family are dealing with an unimaginable loss. While we can’t undo the past, we can help be part of the solution. Contact Prince Law Firm today to schedule a completely free consultation with a compassionate attorney.