This form is a general sample wrongful death complaint requiring the user to supply facts giving rise to the complaint.
Missouri Complaint regarding Wrongful Death
State:
Multi-State
Control #:
US-PI-0306
Format:
Word;
Rich Text
Instant download
Description
Free preview
How to fill out Complaint Regarding Wrongful Death?
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FAQ
Like most states, Missouri has a wrongful death statute of limitations. In MO, wrongful death cases will only be considered by the court if they are filed within three years of the date of the decedent's death.
There are many defenses you can use in a wrongful death suit such as: The statute of limitations has run and the claim is time barred. You did not have a duty of care towards the deceased. You acted in self-defense. You were not negligent in your actions and did everything a reasonable person would have done.
If you have a loved one who passed away as a result of an injury or accident that involved the misconduct or negligence of a company or individual, you may be able to file a wrongful death lawsuit against those who were responsible for your loved one's death.
Wrongful death settlements consider the deceased person's loved ones and their needs due to the unexpected loss of companionship and support. While settlements may range anywhere from $500,000 to several million dollars, these amounts are just examples.
If there is a surviving spouse but no children, the spouse receives 100% of the settlement. If there is a surviving spouse and children, the spouse receives the first $25,000 of the settlement plus half of the remaining amount. The children split the remaining half equally.
Types of wrongful death accidents include: Motor vehicle accidents: A driver may have been intoxicated, texting, speeding, or engaging in other reckless behavior that caused a fatal car accident.
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.?