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When a Loved One is Killed Due to Negligence

By definition, personal injury law involves any injury that is the direct result of another person’s failure to exhibit reasonable care.
What warrants reasonable care is most often evaluated on a case by case basis. If it is found that the person who inflicted the injury was negligent or reckless in their behavior, then a claim of personal injury may be made against them. If the injury was so severe that it led to the persons’ death, then the defendant will be facing a wrongful death lawsuit. If you have recently lost a loved one as a result of the negligence of another person, contact a personal injury attorney right away. You and your family may be entitled to compensation for your loss.

Personal injury lawsuits come in many different forms, and yet they all have one major component in common: a person, or group of p
eople, was injured, either physically or financially, as a result of negligence on the part of another individual or group of individuals. Vehicular accidents, premise and product liability, medical malpractice and workplace violations all can fall under the category of personal injury. The victim of personal injury is allowed by Missouri law to recover damages for medical expenses, damage to property, pain, suffering and emotional distress, a loss of companionship, lost wages and future earnings, plus the accrued costs and attorney fees associated with the suit. In cases involving gross negligence punitive damages may also be sought.

With a wrongful death suit, everything required is the same, except with the added burden of the plaintiffs needing to show how the death of their family member has negatively affected their lives. The case is two-fold. First, the negligence must be established and secondly the plaintiffs must show how they now suffer emotionally and/or financially as a result. Most wrongful death suits are brought about either by the surviving spouse and children or the parents of the deceased.

In the wrongful death case of a Missouri father, the negligence on the part of the defendant was obvious. Their argument was towards damages. As a divorced father of two teenagers, they felt that his limited role in their lives, coupled with a meager yearly salary did not warrant a large settlement amount. The plaintiffs disagreed and were ready to take the matter to trial when the defense attorney’s finally decided that a settlement amount of $730,000 was indeed warranted for his heirs considering the extent of the negligence that caused his death. Had it gone to trial they faced the chance of a much higher jury award with punitive damages factored in.

No one is ever prepared to lose a loved one in a sudden accident, and knowing that it could have been easily prevented makes the pain even more unbearable. While we know that no amount of money can replace the life of someone close to you, it is within your rights to at least seek your deserved compensation for the hardships you may now be facing. Contact a personal injury attorney today if the death of your family member was brought about the carelessness of another party. They will help you throughout this difficult process to claim the compensation that rightfully belongs to your family.