Wrongful Death Explained

Law Days & Lattes

Episode 19 - Wrongful Death Explained

Host: Sidney Wheelan

Sponsored by: The Wheelan Law Firm, LLC of Moberly, Missouri

This episode covers:

• What is a wrongful death claim?
• Elements of a wrongful death claim:
• Duty of care
• Breach of duty
• Causation
• Damages
• Eligibility to file
• Time limits for filing wrongful death claims (Missouri specific)
• Common scenarios for wrongful death claims
• The process of filing a wrongful death claim
• Compensation for wrongful death claims (Missouri specific)

Key takeaways:

• Wrongful death claims arise when someone dies due to another person or entity's negligence, recklessness, or misconduct.
• To win a wrongful death claim, you must prove the defendant owed a duty of care to the deceased, breached that duty, and the breach caused the death.
• Damages in wrongful death claims can include financial losses, non-economic losses (loss of companionship, emotional suffering), and in some cases, punitive damages.
• In Missouri, spouses, children, parents, siblings, or a court-appointed representative can file a wrongful death claim.
• There is a 3-year time limit to file a wrongful death claim in Missouri (with some exceptions).
• Common scenarios for wrongful death claims include medical malpractice, car accidents, workplace accidents, defective products, and criminal acts.
• An attorney experienced in wrongful death claims can help investigate the case, gather evidence, and pursue compensation for your loss.
• Compensation for wrongful death claims can come from insurance proceeds, the defendant's assets, or the Missouri Tort Victims Compensation Fund.

Call to action:

• If you have questions about wrongful death claims, contact The Wheelan Law Firm, LLC.
• Subscribe to the podcast for new episodes.
• Leave a 5-star review and share the podcast with friends and family.

WheelanLaw.com

This podcast episode contains general information for discussion purposes only. Each case is different and must be judged on its own merits. Missouri rules generally prohibit lawyers from advertising that they specialize in particular areas of the law. This article should not be construed to suggest such specialization. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create an attorney-client relationship, and the listening or viewing of this podcast does not constitute an attorney-client relationship. The choice of a lawyer is an important decision and should not be based solely upon advertisements.