At Wendt Law Firm P.C, we have compassion for families who have lost loved ones in preventable circumstances such as auto accidents or medical malpractice. We are committed to helping families bring wrongful death claims to hold at-fault parties accountable. We believe in the power of the civil justice system to bring peace and closure to grieving families. If you recently lost someone you love in any type of accident, contact our Joplin wrongful death attorney to discuss your situation. You may have grounds to bring a claim.
We have created a reputation in strong wrongful death representation. Samuel Wendt is a Top 50 Super Lawyer in Kansas City and has also received the honor of Missouri and Kansas Super Lawyer every year since 2008.
We will not charge your family anything unless we win. Our wrongful death attorneys in Joplin take wrongful death cases in Joplin on a contingency fee basis. You will pay $0 upfront and nothing until we secure your family’s financial compensation.
What Is Wrongful Death?
In Missouri, the definition of the civil tort of wrongful death is any death resulting from an act, occurrence, transaction, conduct or circumstance that would have given the decedent the right to obtain compensation had he or she survived. Many different incidents could cause wrongful death in Joplin.
If you think your spouse or family member would have been able to file a personal injury lawsuit had he or she not passed away, you will most likely have a wrongful death claim now. The Joplin personal injury lawyers at Wendt Law Firm P.C. offer free initial consultations so you can find out if you have a case at no financial obligation.
Who Can File a Lawsuit?
Missouri has strict laws in place regarding who may file for wrongful death. The parties with the initial right to file are the deceased person’s surviving spouse, child, grandchild, or parent. If the decedent does not have these parties, a surviving sibling may file. The final opportunity to file will pass to a personal representative of the estate. The decedent might have listed this person in a will, or else the probate courts will assign a representative. The person filing for wrongful death in Missouri will have three years from the date of death to do so, according to the state’s statute of limitations.
Proving Wrongful Death in Missouri
To receive compensation for the death of a loved one in Missouri, you or your Joplin wrongful death attorney will need to prove the defendant’s fault for the fatal accident or injury. The burden of proof rests with the claimant’s side of the case in civil law. Proving fault for wrongful death takes establishing four main elements.
The defendant owed a legal duty of care to the deceased person.
The defendant breached this duty in a way that a reasonable person would not have.
The defendant’s breach is what caused your loved one’s death.
You and your family suffered compensable losses as a result.
Retain a wrongful death lawyer in Joplin for assistance proving a wrongful death case. Your attorney can revisit the scene of the fatal accident, gather evidence, hire experts, and take other actions to support your tort claim. You can focus on healing with your family while your lawyer from Wendt Law Firm P.C. takes care of your case.
Contact a Joplin Wrongful Death Lawyer Today
You do not have to cope with the wrongful death of a loved one or the related legal processes alone. The Joplin wrongful death lawyers at Wendt Law Firm P.C. are here to help. Start your case with a free consultation at our local Joplin law office. Call (866) 539-4415 to ask for a free consultation or contact us online today.