Wrongful death compensation for loss of spousal income in Missouri

Losing a spouse in a car accident caused by someone else's negligence is a devastating blow. Missouri wrongful death laws allow surviving spouses to seek compensation for various losses, including the financial support their spouse provided. This analysis provides a detailed legal overview of wrongful death compensation for loss of spousal income in Missouri.

Loss of Spousal Income in Wrongful Death Claims (Missouri):

Spousal income is a crucial element of financial security for many families. A wrongful death lawsuit in Missouri can help recover compensation for the future income your spouse would have likely earned if not for the accident.

Factors Considered in Loss of Spousal Income Compensation:

  • Deceased spouse's income history: Past tax returns, paystubs, and W-2 forms establish your spouse's income level.
  • Future earning potential: Age, education, work experience, and career trajectory are considered to estimate future earnings.
  • Work life expectancy: This considers your spouse's age and life expectancy at the time of death.
  • Fringe benefits: The value of lost benefits such as health insurance, retirement contributions, and stock options is factored in.
  • Household contributions: If your spouse contributed financially to household expenses beyond their salary (e.g., childcare, home maintenance), this can be included.

Missouri Wrongful Death Statute and Damages:

Missouri Revised Statutes ยง 537.080 allows surviving family members to file a wrongful death lawsuit. Recoverable damages include:

  • Lost income and earning capacity: As detailed above, this refers to the future financial support your spouse would have provided.
  • Medical and funeral expenses: Reasonable costs associated with medical care before death and funeral/burial arrangements.
  • Loss of companionship and guidance: Compensation for non-economic losses like emotional distress and loss of love and companionship.

Shared Fault (Comparative Negligence) and Impact on Compensation:

Missouri is a pure comparative negligence state. If the deceased is found partially at fault for the accident, their compensation award will be reduced by their percentage of fault. For instance, if the jury finds the deceased 20% at fault, your overall compensation for lost income and other damages will be reduced by 20%.

Maximizing Compensation for Loss of Spousal Income:

  • Early Action: Contacting a lawyer promptly allows them to gather evidence of your spouse's income and earning potential.
  • Detailed Financial Records: Gather and maintain all documents related to your spouse's income, benefits, and future employment prospects.
  • Expert Witness Testimony: An economist or vocational expert might be needed to value your spouse's future lost earnings.

Benefits of Hiring a Lawyer for a Wrongful Death Claim:

  • Investigating the Accident: A lawyer can investigate the accident to determine fault and gather evidence supporting your claim.
  • Calculating Lost Income: An experienced lawyer can accurately calculate the present value of your spouse's future lost income and benefits.
  • Negotiating with Insurance Companies: Insurance companies may downplay the value of lost income. A lawyer can fight for the compensation you deserve.
  • Understanding Complexities of Wrongful Death Law: Wrongful death lawsuits involve legal intricacies. A lawyer can ensure your rights are protected and navigate the legal process effectively.

Finding the Right Wrongful Death Lawyer in Missouri:

Look for a lawyer with experience handling wrongful death cases, particularly those involving loss of spousal income. They should be familiar with Missouri wrongful death laws, have experience working with economists or vocational experts, and have a track record of success in obtaining fair compensation for families.

Remember: No amount of money can truly replace the loss of your spouse. However, pursuing a wrongful death claim can help alleviate the financial burden and hold the at-fault party accountable. Consulting with a qualified lawyer in Missouri can significantly increase your chances of receiving fair compensation for the loss of your spouse's income and the emotional hardship you've endured.