The death of a loved one is a painful experience, especially when another person’s wrongful actions are to blame. Like other states, Missouri has wrongful death laws that allow surviving families to seek compensation for those to blame for their losses. If you’ve lost a family member due to someone else’s negligence, you may wonder how much money is available, who has a claim to that money, and how the settlement money gets paid out. Here’s what you need to know.
What Damages Are Available?
Section 537.090 of the Revised Statutes of Missouri lays out the different types of damages that are available in wrongful death cases, including:
- Medical expenses related to the injury or illness that led to your loved one’s death
- Funeral and burial expenses
- Lost wages your loved one would have earned if they survived – if the person who died was a child, the lost wages are the average of their parents’ wages
- Pain and suffering experienced by your loved one between their injury and death
- The reasonable value of services, companionship, consortium, comfort, instruction, guidance, counsel, training, and support your loved one would have provided if they survived
This section also states that if the deceased didn’t have full-time employment but was a caretaker for a minor, disabled person, or senior more than fifty percent of the time, their lost wages are 110% of the state average weekly wage.
However, unlike some other states, Missouri does not include damages for the grief or bereavement of surviving family members in wrongful death claims.
Who Can Claim Compensation from a Wrongful Death?
As stated in Section 537.080 of the Revised Statutes of Missouri, there are two primary classes of people entitled to compensation in Missouri wrongful death claims.
The first class includes the deceased’s spouse, children (natural, adopted, legitimate, or illegitimate), and parents (natural or adoptive). If there are no surviving family members in the first class, the second class may file a claim.
The second class includes the deceased’s siblings (brothers and sisters) or their descendants. If there are no surviving family members in the second class, then the court will appoint a plaintiff ad litem to file the claim on behalf of others who may have a claim for compensation, such as dependents.
Lump Sum or Structured Settlement?
You can choose to receive compensation in either a lump sum or a structured settlement. A lump sum immediately provides access to the money (typically in about four to six weeks). A structured settlement spreads the money out over time with regular payments.
One option may be better, depending on your financial situation and the ability of the defendant to pay. A wrongful death attorney or financial advisor can explain your options in more detail.
Wrongful Death Attorneys Serving Missouri
If you’ve lost a loved one due to the negligent actions of someone else, contact Ryan R. Cox & Associates, LLC’s wrongful death attorneys for a free consultation. We’ll evaluate your case and explain the legal options you have available.