Nothing in life is as painful as the premature loss of a loved one due to the negligence of another person. Many times, family members are left with funeral expenses, lost earnings that would have come in over a lifetime, and severe emotional loss. We can help you and your family recover compensation for the death of a spouse, parent, child or sibling due to the negligence of another. We are Springfield wrongful death attorneys.
What is a wrongful death claim?
The Revised Statutes of Missouri, §537.080, recognize that surviving family members are entitled to recover for the wrongful death of a parent, child, sibling, or spouse. Wrongful death claims usually occur from auto accidents, semi-truck accidents, construction accidents, boating accidents, farm accidents, or medical malpractice.
Who is eligible to bring a wrongful death claim in Missouri?
Missouri law dictates who can bring a claim. Most commonly, the spouse and children of the deceased have priority. But, parents and siblings also can have a wrongful death claim.
What types of damages are available?
Usually, surviving family members can recover funeral expenses, lost lifetime earnings, loss of guidance and companionship, and even punitive damages. These damages are defined by Missouri statute in Chapter 537 of the Revised Statutes of Missouri.
Do I need a lawyer for a wrongful death claim?
When a loved one is taken from you due to the negligence of another person or company, that person or company’s insurance company will immediately assign adjusters and lawyers to your claim. We strongly encourage you to seek the advice of an attorney in order to ensure that you are properly prepared to deal with those lawyers and adjusters so that you are not bullied in the early stages of your claim. We offer free consultations to our wrongful death clients so that you know your rights and are prepared to discuss your case.
How long do I have to file a wrongful death lawsuit in Missouri?
You should immediately contact a lawyer after a wrongful death in order to know your rights and get your case filed quickly and correctly. Most generally, Missouri allows a three year statute of limitations, but it may be shorter depending on how your loved one was killed. Medical malpractice claims are two years. Intentional assaults or other intentional acts are also a two year filing period limit rather than three years. For more information regarding your statute of limitations in cases involving wrongful death, see the Revised Statutes of Missouri, §516 and §537, or contact a lawyer immediately.
Does it cost anything for me to speak with your firm? Do you do contingent fee contracts?
At Preston Law, we only get paid if you get paid. We work on a contingent fee basis that explicitly states that you owe us nothing for attorney’s fees if we don’t collect for you. Hiring a lawyer is a personal decision, but at Preston Law we have a team of four lawyers and a large office staff of experienced legal professionals, all armed with expert knowledge of wrongful death litigation. Our goal is always to recover the maximum amount of compensation for your injuries through trial or the settlement process. Unlike some wrongful death litigation firms, if the insurance company will not offer you a reasonable settlement, we will take them to court and have a jury decide your case. We practice throughout all of Missouri, but our office is located in Springfield, Missouri. We regularly handle cases in the surrounding areas including: Ozark, Nixa, Branson, Joplin, Monett, Neosho, Bolivar, Camdenton, Nevada, Lamar, and Mount Vernon.
We only get paid if you get paid and we charge nothing to meet with you to discuss your case. If you have been injured in a motorcycle accident, please contact Preston Law for a no obligation appointment with one of our experienced lawyers. Our office phone number is (417) 616-5000 or toll free at (866) 953-6736. You can also contact us online with the form provided on the sidebar of this page.