Sometimes, personal injury incidents are so severe that a person dies because of another person's negligent act. Missouri law and Illinois law both allow the spouse, children, parents, and if none, the siblings of a deceased to sue for recovery in a wrongful death matter. To file a wrongful or accidental death claim in Missouri or Illinois, you must be able to prove that the deceased would have been able to file a personal injury action if he or she had survived. It is helpful to contact an experienced attorney as soon as possible, because Missouri and Illinois laws impose three year and two statutes of limitations, respectively, within which you must file a wrongful death claim.
In both states, you may be entitled to recover the following damages and expenses:
- Medical and funeral expenses associated with the death
- Loss of wages and any other pecuniary losses
- The reasonable value of the services, consortium, companionship, comfort, instruction, guidance, counsel, training, and support
- Any pain and suffering the deceased suffered before death to the extent he or she was aware of it
- recovery of which the deceased might have maintained an action had death not ensued
Wrongful death cases pose a unique challenge because they typically involve going up against large insurance companies. It is important to hire an attorney who understands how insurance companies evaluate wrongful death claims. You need and deserve a lawyer who is not afraid to challenge an insurance company both in settlement negotiations and at trial.
Additionally, wrongful death cases are typically time-consuming and involve complex factual situations. Therefore, your lawyer must have both the experience and dedication to aggressively try your case. At the same time, you deserve personal attention and care during the emotionally difficult time of going through a wrongful death case. The attorneys at Cervantes & Associates all have extensive experience handling complex wrongful death cases. Since the firm opened in 1973, its attorneys have successfully recovered extensive damages for clients in a wide variety of wrongful death cases. This experience has given the firm's attorneys a thorough understanding of the impact that suddenly losing a loved one can have. Cervantes & Associates is dedicated to providing professional and competent yet personalized, compassionate, and approachable representation for all of the firm's clients. It is the firm's attorneys' goal to ensure that you are comfortable with them representing your legal rights and interests during this difficult time.
If a loved one has died because of another's negligent or wrongful acts, contact Cervantes & Associates today for a free initial consultation so that the firm's attorneys can begin preparing for your case so that you can recover as much as you are legally entitled.