Losing a loved one is never easy, and it is especially difficult when wrongful death is involved.
We expect police officers to serve and protect. Law enforcement officials are empowered with the tools and authority to enforce the law, but importantly, they cannot infringe on our constitutionally guaranteed rights. If their actions lead to the unjust death of another person, they can be held liable.
If you have lost a loved one due to wrongful death caused by police, you may be able to file a wrongful death lawsuit against them. It is important to remember that wrongful death claims are complex and can benefit with the assistance of an experienced wrongful death attorney.
The Missouri civil rights attorneys at Niemeyer, Grebel and Kruse can help you understand the circumstances around your wrongful death claim and help you pursue justice. We will handle your case with compassion and determination and work to quickly deliver justice. Call us at (314) 350-1900.
How wrongful death cases work in Missouri
Wrongful death claims arise when a wrongful act or negligence results in the death of someone else.
Generally, wrongful death lawsuits are brought by the surviving family of the deceased person, including their spouse, children, parents, or other close family members.
Missouri law sets aside three classes of individuals who can bring wrongful death lawsuits, and they are given separate preference. The first class has the first right to bring a wrongful death claim, and it includes:
- Spouse
- Children
- Parents
If there are no individuals in the first class, the decedent’s siblings have the right to bring a claim.
If the deceased individual had no siblings, the court may appoint a personal representative to file the claim.
Once the wrongful death lawsuit is filed, the court will examine the facts of the case and decide whether wrongful death occurred. If wrongful death is found, a jury may award damages such as funeral expenses, medical bills, “loss of consortium” to a surviving spouse, and pain and suffering to the surviving family members.
The statute of limitations in wrongful death cases is three years after the loved one’s death. This means that claims filed more than three years after the incident will not be heard.
Three years can seem like a long time. However, wrongful death claims often require extensive investigation and evidence gathering. Therefore, it is important to contact an experienced wrongful death attorney as soon as possible.
Can you sue the police for wrongful death?
Yes, you can sue the police for wrongful death in Missouri.
The police in Missouri enjoy a status called “qualified immunity.” This means that they cannot be held liable for wrongful death unless the act was committed with willful or wanton disregard for the rights and safety of others.
This can make it harder to recover damages. A skilled attorney can review the evidence of your loved one’s case, including police reports and forensic evidence to prove that the police officer was guilty of using excessive force or had otherwise engaged in police misconduct.
What kind of damages can be recovered in a wrongful death case?
Economic damages
Economic damages are intended to cover easy to quantify financial losses. These damages include:
- Medical expenses
- Funeral and burial expenses
- Lost wages and benefits the deceased would have earned had they lived
- Loss of inheritance
Non-economic damages
Non-economic damages, also known as “general damages”, are awarded for losses that cannot be easily quantified. These damages include:
- Pain and suffering
- Loss of companionship
- Loss of consortium
- Mental anguish and emotional distress
Can heirs recover punitive damages in Missouri?
In wrongful death cases, punitive damages are awarded to punish the wrongful party for their wrongful acts and to serve as a deterrent.
Missouri law does allow for punitive damages in wrongful death cases. However, these damages are only available if the wrongful act that caused the death was committed with malicious intent or was especially egregious.
Work with skilled St. Louis wrongful death attorneys
If you have lost a loved one as the result of wrongful death, an experienced wrongful death attorney can help. At Niemeyer, Grebel and Kruse, we understand how difficult it can be to cope with the loss of a family member. We are passionate about fighting for justice and helping families, and we will work tirelessly to ensure that your wrongful death lawsuit is successful. Contact us today – (314) 350-1900.