Losing a loved one is an emotional and difficult time for anyone to go through. If your loved one passed away due to someone else’s negligent or careless actions, you may be eligible to file a personal injury claim on their behalf. In the state of Missouri, there are specific laws and regulations in place that determine who can file a personal injury claim and how the process works. This article will provide a detailed guide to help answer some of the most frequently asked questions about filing a personal injury claim for a loved one who has passed away.
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Who Can File A Personal Injury Claim In Missouri?
Under Missouri law, only certain individuals are eligible to file a personal injury claim on behalf of a deceased loved one. These individuals include:
- The surviving spouse of the deceased person
- If there is no surviving spouse, the surviving children of the deceased person
- If there are no surviving children, the surviving parents of the deceased person
- If there are no surviving parents, the personal representative of the deceased person’s estate
It’s important to note that the personal representative of the deceased person’s estate must be appointed by a court to act on behalf of their estate. If a personal representative has not yet been appointed, you will need to consult with an attorney to determine the best course of action.
What Types Of Damages Can Be Recovered In A Wrongful Death Claim?
If you are eligible to file a personal injury claim on behalf of a deceased loved one in Missouri, you may be able to recover damages for various losses and expenses associated with their death. Some of the most common types of damages that can be recovered in a wrongful death claim include:
- Medical expenses for any treatment the deceased person received before passing away
- Funeral and burial expenses
- Loss of income and financial support
- Loss of companionship and guidance
- Pain and suffering
The amount of damages that can be recovered will depend on the specifics of each individual case. A qualified personal injury attorney can help you understand the types of damages you may be eligible to recover and the potential value of your claim.
Can I File A Personal Injury Claim For A Car Accident That Resulted In A Fatal Injury?
Car accidents are one of the most common causes of wrongful death claims in Missouri. If your loved one was killed in a car accident caused by someone else’s negligent or reckless behavior, you may be eligible to file a personal injury claim on their behalf.
However, it’s important to note that Missouri is a comparative fault state, which means that damages can be reduced or denied if the deceased person was partially at fault for the accident. If your loved one was found to be partially at fault, it may impact the amount of damages you are eligible to recover.
How Long Do I Have To File A Personal Injury Claim In Missouri?
In Missouri, the statute of limitations for filing a wrongful death claim is three years from the date of the deceased person’s death. It’s important to file your claim within this time frame to ensure that you can recover damages for your losses and expenses.
Working With An Experienced Personal Injury Attorney
Filing a personal injury claim on behalf of a loved one who has passed away can be a complex and emotionally challenging process. It’s important to work with an experienced personal injury attorney who can guide you through each step of the legal process and help you navigate the complexities of Missouri’s personal injury laws.
A skilled attorney can help you gather evidence, negotiate with insurance companies, and represent your interests in court if necessary. They can also help you understand your legal rights and options and provide the guidance and support you need during this difficult time.
If you’re considering filing a personal injury claim on behalf of a loved one who has passed away in Missouri, contact an experienced personal injury attorney today to schedule a consultation and discuss your case in more detail.