Home » What happens if the person responsible for the wrongful death doesn’t have enough insurance or assets?

Wrongful Death Lawsuits in Missouri

If the defendant does not have sufficient insurance or assets, recovering the full amount of damages might be challenging. However, an attorney can explore all possible sources of compensation, including any third-party liability or additional insurance policies.
Yes, many wrongful death claims in Missouri are settled out of court. Settlements can be quicker and less costly than a trial, and they also provide a degree of certainty that a trial cannot.
The duration of a wrongful death lawsuit in Missouri can vary widely depending on the complexity of the case, the amount of evidence, the willingness of parties to settle, and the court's schedule. Some cases may resolve in a matter of months, while others could take several years.
While not legally required, it is highly advisable to hire an attorney experienced in wrongful death cases in Missouri. These cases can be complex and require a thorough understanding of the legal system, as well as expertise in negotiating and litigating to secure fair compensation.
Yes, in some cases, punitive damages may be awarded in Missouri wrongful death lawsuits. These are intended to punish the defendant for particularly egregious or intentional misconduct and to deter similar actions in the future.
The amount of damages is typically determined by considering various factors such as the deceased's earning capacity, the financial dependence of the survivors on the deceased, the health and age of the deceased at the time of death, and the non-economic contributions of the deceased to the family.
The damages in a wrongful death lawsuit can include funeral and burial expenses, lost wages and benefits, medical expenses related to the deceased's final illness or injury, pain and suffering experienced by the deceased before they died, and non-economic damages like loss of companionship and support.
Missouri law specifies a hierarchy of individuals who can file a wrongful death claim. This primarily includes the deceased's immediate family members, such as a spouse, children, or parents. If these are not available, siblings or their descendants can file. In some cases, a court-appointed representative may also file the claim.
In Missouri, a wrongful death is one that results from any act, conduct, occurrence, or omission caused by the negligence or wrongful act of another party. This can include car accidents, medical malpractice, work-related incidents, or criminal acts.
Call