This form is a Complaint for a Wrongful Death. Plaintiff demands a jury by trial, an award of damages, reasonable attorney fees, and other relief which is just and proper.
Missouri Complaint for Wrongful Death - Single Count
State:
Multi-State
Control #:
US-M6795
Format:
Word;
Rich Text
Instant download
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How to fill out Complaint For Wrongful Death - Single Count?
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FAQ
General Damages Examples Disfigurement (e.g., permanent scarring or loss of a limb) Physical impairment or disability (e.g., no longer able to walk) Emotional distress (e.g., anguish from the loss of a loved one) Mental health problems [e.g., post-traumatic stress disorder (PTSD)]
You do not have to prove wrongful death beyond a reasonable doubt. Instead, you must prove it is at least 51 percent likely the death was wrongful; this burden of proof is called the ?preponderance of the evidence.?
Missouri law defines a "wrongful death" as a death that results "from any act, conduct, occurrence, transaction, or circumstance which, if death had not ensued, would have entitled such person to recover damages in respect thereof." (Mo. Rev. Stat. § 537.080 (2021).)
General Damages Instead, this amount is based on a variety of factors, including the nature and severity of the injury, the amount of pain you experience, length of recovery, and the disruption of your life. Most of these are fairly subjective, which can make it difficult to arrive at a number.
General damages are financial compensation for your reduced enjoyment of life or the inability to do the activities you could before the accident.
Under Missouri wrongful death laws, a family can recover a variety of damages such as loss of income; funeral expenses; medical expenses from the last illness or injury; and loss of companionship, service, guidance, and support.
You can recover damages for anything the decedent would have contributed while they lived. You can also recover what you lost for intangibles like moral support (general damages) and tangibles financial losses like gifts or benefits you expected to receive, including medical bills.
In Canada, save in exceptional circumstances, there is a cap to the amount that an injured person may recover under this category of damage. The cap was established back in 1978 by the Supreme Court of Canada at $100,000. Over the years this value has been adjusted and in 2023 the cap is approximately $400,000.