After a loved one dies because of someone else’s actions, bills arrive while you are still grieving. You may wonder whether a legal claim covers only funeral costs and lost income, or whether it may reach further. Knowing which damages Missouri law allows for eligible survivors may help you understand what a claim can include.
Losses beyond funeral costs may count when the family loses support and companionship
A jury or judge may award the damages it considers fair and just for the death, including funeral expenses, financial losses, and a reasonable amount to account for the companionship, comfort, guidance, and support your family lost. However, Missouri law does not allow damages for grief and bereavement.
Pain before death may add to a claim when the person survived for a time
If your loved one lived for a period after the injury, the claim may also cover the harm, such as conscious pain and suffering, that the person suffered between the injury and the death. The law allows this only when the person could have sued had the death not occurred.
Aggravating circumstances may apply when the other party showed deliberate and clear disregard for safety
A jury or judge may also after the injury that surrounded the death. This may come up when the other party acted with deliberate and flagrant disregard for safety, proven by clear and convincing evidence, such as by driving while intoxicated. Missouri law also lets the other side point to mitigating circumstances, so the facts of each case matter.
Speaking with an attorney may help you identify which damages fit your situation
Each family’s loss, and each death, is different. A Missouri attorney may review the records, explain which of these damages may apply under Missouri statutes, and help you gather evidence that shows what your family lost and how the death happened.