When someone dies because of another person’s negligence or intentional act, their family is left not only with grief but often with overwhelming financial burdens. Wrongful death lawsuits exist to hold responsible parties accountable and provide compensation, in the form of damages, to surviving family members for these damages. The compensation available in a wrongful death claim varies depending on factors like the deceased’s age, earning capacity, and more.
Recoverable Damages in Missouri Wrongful Death Claims
At the conclusion of a successful wrongful death lawsuit, the court will order the defendant to pay compensation for the losses your family has suffered. According to wrongful death lawyers in Kansas City, Missouri law recognizes both tangible financial losses and the immeasurable value of what your loved one brought to your life. Here is what you may be entitled to recover:
- Funeral and Burial Expenses: You can seek compensation for the costs associated with laying your loved one to rest, including funeral services, burial or cremation, and related costs.
- Medical Bills: If your loved one received medical treatment for their final injury or illness before passing away, those medical expenses can be included in your claim.
- Lost Wages and Benefits: You are entitled to recover the value of income and employment benefits your loved one would have earned throughout their expected lifetime. For cases involving the death of a child, this calculation is based on the earning capacity of the child’s parent or parents.
- Pain and Suffering: If your loved one experienced physical pain or emotional distress between the time of injury and death, compensation may be available for that suffering.
- Loss of Services and Companionship: This covers the reasonable value of the guidance, support, companionship, comfort, training, and counsel your loved one would have provided to your family. This is often one of the most significant components of a wrongful death claim.
- Caregiving Services: If your loved one provided care for a child, senior, or disabled person at least 50 percent of the time and wasn’t employed full-time, Missouri law presumes the value of that care to be worth 110 percent of the state’s average weekly wage at the time of death.
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Does Missouri Limit Compensation in a Wrongful Death Lawsuit?
For the majority of wrongful death claims, Missouri does not limit the amount of compensation you can recover. However, if your loved one’s death resulted from medical malpractice, there is a cap on non-economic damages, such as pain and suffering. For wrongful deaths caused by medical malpractice occurring on or after August 28, 2015, the damages cap is $700,000. If the malpractice occurred before that date, the cap is $500,000.
Speak to an Attorney at Dollar, Burns, Becker, and Hershewe Today
No amount of money can replace the person you lost, but compensation can ease the financial devastation that follows a wrongful death. Dollar, Burns, Becker, and Hershewe fights to recover every dollar your family is entitled to receive. We calculate the true value of your case, including both economic damages and the loss of your loved one’s companionship, guidance, and support. Contact us at (816) 876-2600 for a free case evaluation and learn how we can secure the resources your family needs to rebuild.