Filing a Columbia Wrongful Death Action
Every person’s reaction to the loss of a loved one is unique, but survivors share loss, grief, and regret. When someone else is responsible for the death because they were negligent, the pain can be even worse. In addition to the loss, you may feel anger and sadness. While filing a Columbia wrongful death action to seek damages will not bring your loved one back, it can go a long way toward restoring a sense of justice.
Not everyone can bring a wrongful death claim on behalf of a deceased person. State law prioritizes who has the right to bring those claims. A compassionate wrongful death attorney can help you review whether you have that ability and the type and amount of damages that you can claim.
Wrongful Death Laws
Missouri Revised Statutes § 537.080 defines wrongful death and outlines who can file a cause of action in Columbia. Under that law, wrongful death refers to any death that would not have occurred but for someone else’s action, conduct, occurrence, transaction, or circumstance. While the statute does not explicitly mention negligence, the act or omission must be negligent, reckless, or otherwise wrongful.
The statute also specifies who can bring a wrongful death claim and sorts people into different groups by priority. The first group consists mainly of first-degree family members, including the deceased’s spouse, children, or parents. The group can also include the surviving descendants of a child who predeceased the decedent. These relationships include adoptive and biological relatives, but not step-relatives. This first group has priority over the other two groups.
The next group includes more distant relatives, including siblings or the descendants of any siblings, such as nieces and nephews. This group has priority over the final group. The final group allows the court to appoint a plaintiff ad litem on behalf of anyone entitled to share in the proceeds of a wrongful death action.
The survivors can only bring one wrongful death action, and the people in the second or third groups cannot bring a claim unless there are no people in a group with higher priority. However, multiple people in the same group can join in a wrongful death action.
Damages Available in Wrongful Death Actions
Multiple types of damages are available when filing a wrongful death action in Columbia. They depend on the financial and intangible losses the survivors experience and may include but are not limited to:
- Medical bills
- Costs of caregiving
- Funeral expenses
- Burial expenses
- Lost wages
- Loss of consortium
- Loss of support
- The deceased’s damages between the incident and the death (survival action)
- Punitive damages
State laws recognize the value of unpaid labor. For example, suppose the decedent was a caregiver, like a stay-at-home parent. In that case, the survivors may be entitled to 110 percent of the state’s average weekly wage as compensation for those services.
A Wrongful Death Claim Differs From a Survival Action
Missouri Revised Statutes § 37.020 provides for survival actions. Under that statute, a personal injury action outlasts the death of either party. So, the deceased can have brought a personal injury action based on the same events that later form the basis of the wrongful death claim. The death of the deceased does not terminate that action. Instead, the personal representative of the deceased’s estate can maintain the personal injury lawsuit.
File a Wrongful Death Action in Columbia with a Lawyer’s Help
Many people worry about the statute of limitations (SOL) for a wrongful death claim, which is three years from the date of death. It does not begin on the date of the incident that leads to the death because that event can be years away from the actual death.
The best way to determine whether you have any remedies after the death of a loved one is to speak to a lawyer about filing a Columbia wrongful death action. The lawyer can explain whether you have a claim, who has the right to file it, and the potential damages related to the claim. Schedule a consultation to learn more.