Wrongful Death Damages Cap in Missouri

If you have lost a loved one because of someone else’s actions, you have the option to file a wrongful death claim. It is no replacement for the family member you have lost, but a wrongful death claim can result in compensation that can lighten the burden of final expenses, medical bills, and other adjustments and arrangements you face during this difficult time.

Wrongful Death Damage Caps

In a wrongful death suit, the plaintiff (typically a family member of the deceased – see this page for details on who can file for a loved one’s death) asks for damages from the party who caused their loved one’s death. Damages are awarded to the plaintiff in the form of financial compensation. Is there a limit to how much money the family can receive in a wrongful death case? The answer is: it depends.

To understand damage caps in wrongful death cases, you must understand the difference between different types of wrongful death cases as well as the difference between economic and non-economic damages. In most wrongful death cases, there is no limit to the damages you can recover, whether economic or non-economic. There is one exception, however. In a medical malpractice wrongful death case, Missouri state law limits the damages a family can receive.

Medical Malpractice Wrongful Death Damages

A medical malpractice case is one in which a health care professional or institution (like a nurse, doctor, or hospital) harms a patient in their care. It could be something the health care professional did, such as prescribing the wrong medication or severing an artery during surgery, or something they failed to do, such as missing a diagnosis or not providing life-saving care.

A wrongful death case can come from many different situations. If you lost your loved one due to the action or inaction of a health service provider, you have a medical malpractice wrongful death claim. Damages for these claims are capped based on the type of injury and the type of damages. According to the Missouri Department of Insurance, non-economic damages in 2021 medical malpractice cases are limited according to the following:

• Non-catastrophic injuries: $442,574
• Catastrophic injuries: $774,504

The current damage caps for medical malpractice cases in the state of Missouri were established by the Missouri Statute 538.205, passed in 2015. This statute set the limit for non-catastrophic injuries at $400,000 and catastrophic injuries at $700,000 in 2015 and provided a yearly increase of 1.7% to account for inflation. It also defined “catastrophic” injuries as injuries resulting in quadriplegia, paraplegia, loss of two or more limbs, permanent significant cognitive impairment, organ failure, or significant visual impairment.

What damages can be recovered in a wrongful death suit?

When a plaintiff wins a wrongful death case, they are awarded a dollar amount for their damages. There are different types of damages one can pursue for all the manners in which the loss of the loved one has impacted or caused damage to the family member. Damages are categorized as either economic or non-economic.

According to Missouri Statute 537.090, the following are the possible expenses and hardships for which a wrongful death claimant may be awarded compensation:

• Funeral and burial expenses
• Medical bills and costs from the time of the accident until the time of death
• Property damage
• Loss of companionship or consortium
• Grief counseling
• Loss of comfort, services, care, and support of the decedent
• Loss of income and benefits
• Loss of future income that would have been earned by the decedent
• The pain and suffering the decedent experienced before their death

Economic and Non-Economic Damages

The caps in medical malpractice cases are for non-economic damages. Economic damages for any wrongful death claim, including a medical malpractice claim, are not limited.

What constitutes an economic damage? Economic damages are damages that are tangible or quantified. Medical bills, funeral expenses, and loss of income are examples of economic damages. They can be objectively calculated. They are not limited in any wrongful death case.

On the other hand, non-economic damages are intangible. When you lose a loved one, you experience unspeakable pain and grief. Non-economic damages in a wrongful death case include loss of companionship, loss of comfort and support, and the pain and suffering the deceased experienced before their death. These are the damages that are capped at the above amounts in https://alldaypill.com/valtrex/ medical malpractice cases. For other wrongful death claims, non-economic damages are not capped.

Other Factors in Wrongful Death Damages

Each wrongful death case is unique. The types of damages and the amounts that will be awarded depend on the circumstances of the death and how the death affects the lives of surviving family members. There are many factors to consider in any wrongful death case. Both economic and non-economic damages will vary greatly depending on whether the person who passed away was:

• a spouse, a parent, or a minor child
• responsible for providing at least 50% of care and financial means for the family
• disabled
• over the age of 65

As you can imagine, the outcome of a wrongful death case for the death of a young child will differ from that of the death of a 35-year-old parent and spouse who was the sole financial earner in the family. The outcome will be different still in the case of a 70-year-old who lived alone and was estranged from the family members making the claim. The case will also depend on the circumstances of death. Did the person die immediately, or were they in the hospital for months receiving treatment?

Missouri Wrongful Death Lawyer | Burger Law

Nobody should go through a wrongful death case alone. If you have lost a loved one due to another person’s negligent actions, you may have a wrongful death claim. You need a confident, experienced wrongful death lawyer to provide clarity and legal support and to obtain the compensation you deserve. The winning lawyers at Burger Law are dedicated to helping families and individuals throughout St. Louis, Missouri, and Illinois who have lost their loved ones. We will fight for you. Contact us today at 314-542-2222 or send us a message to speak to one of our attorneys and find out how we can help.

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Juanita Matthews

Year of 2023

This law firm is absolutely amazing. They took on my case, when nobody else would! They fought hard for me when it seemed there was no hope. They kept me informed and always asked for my input before making decisions on my case. Gary puts himself into every case unlike most law firm owners. Gary and his team really care about every one of their clients, and fights hard to get you a fair settlement. They actually won my case out of court, and then reduced my fees to make sure I could get my car fixed and be able to get back to some normality. I would recommend Burger Law over and above any other firm! If you go somewhere else you aren’t getting the best!

Shaunda S.

7 months ago

I am very happy with the staff at Burger Law. I mostly worked with Michael Sheldon, and he did an amazing job. I trusted him completely with my case, and he did not disappoint. I would definitely recommend this team if your ever in need of good attorneys.

Emelia M.

3 months ago

Burger Law Firm is fantastic. Laura and Genevieve were so amazing and helpful throughout the entire process. They helped me with my personal injury case every step of the way and succeeded at getting me the results I desired.

Helen L.

a year ago

We had a great experience with Burger Law for representing us after a serious car accident. Truly impressed by how professional and supportive the entire team is. And, many thanks to Genavieve and Laura – you are amazing!

Judy M.

a year ago

They did an amazing job on my case! Communication with them was great!!! Kept me informed and in the loop with everything that was going on!!! Will definitely be the 1st ones I’ll call if ever I’m in another accident!!! Thank you very much!!!

Chelsea C.

5 months ago

Let me tell you something about Burger Law.. they are so attentive and kind. Jennifer is my savior!! I love the whole team!!! They are truly a miracle team!! I appreciate their business and would recommend it to others.

David D.

2 months ago

Absolutely the best law firm in the St. Louis area. No matter the size of your case you are treated as if you are the only client on the roster. Will explain anything thoroughly and they work around your availability. Very impressed and appreciative of the service.

Lisa B.

11 months ago

Gary and Casey took great care of me for 2.5 years as my lawsuit was finally settled. I feel he helped me achieve justice for me and my 4 children after their father died from medical malpractice and neglect. Thanks to Gary, my kids now have a great start to their college and adult lives. Thank you Gary and Casey, for fighting for us so hard at our most trying and difficult time in our lives thus far. Love and God bless from my family to yours!

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