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Recoverable Damages Following a Wrongful Death

Recoverable Damages Following a Wrongful Death

Any situation involving the death of a loved one can leave the family left with several questions and concerns. This can include financial issues stemming from the loss, the expenses associated with the loss, and the long-term need for financial support moving forward.

When the wrongful death of someone is the result of another party’s negligence, the family has specific rights to pursue legal action. In this legal action, you may be able to pursue certain compensation to help you cope with the financial hardships you may experience after a wrongful death.

Common Losses You May Be Compensated For

There are several losses associated with a wrongful death lawsuit, including the following:

  • Costs of the funeral and burial: You want to have closure, including the funeral proceedings for your lost loved one. These expenses can be compensated if negligence was involved in the wrongful death.
  • Medical expenses: If the decedent received medical care from the date of the injury until his or her passing, the medical costs may be factored into the compensation your family may recover.
  • Lost income and benefits: The court may consider if the decedent was a primary source of income and the family may be compensated for the lost income and benefits that the family would have received had the loved one lived.

There are potentially other damages that may need to be considered such as the value of services and pain and suffering the individual endured before the death. The value of child or elder care provided by the decedent before death can also be considered as part of compensation.

Caps Involving Wrongful Death Compensation

Missouri places specific caps on how much a family can receive in a wrongful death lawsuit. These caps are specific to certain causes of wrongful death and are specific to non-economic damages. This means individuals cannot receive more than $350,000 (this changes each year based on inflation) for non-economic damages in medical malpractice cases leading to wrongful death.

At Kolker & Labovitz, we understand the difficulties you and your family are going through at this complicated time. Knowing the different rights you have can be imperative to pursuing compensation for the losses.

Our Missouri wrongful death attorneys work hard to help you and your family move forward in the most favorable manner possible.

Call our firm at (314) 684-8285 today.


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