Electrocution accidents can happen anywhere – at home, at work, or out in public. In Missouri, around 5-10 people die from electrocution each year. If your loved one was a victim of a fatal electric shock, you may be wondering what legal rights and options are available to the victim’s family. This article provides an overview of Missouri laws related to wrongful death and liability in electrocution accidents.
Proving Negligence in Electrocution Cases
In order to have a valid wrongful death claim after an electrocution accident in Missouri, the victim’s family must be able to prove negligence on the part of another party. This means showing that the defendant owed the victim a duty of care, breached that duty in some way, and that the breach caused the victim’s death.
Some examples of negligence in electrocution cases include:
- Poor electrical wiring by an electrician or contractor
- Failure to properly maintain electrical systems by a landlord or property manager
- Defective products that cause electrocution, like faulty appliances
- Utility companies failing to trim trees or address known hazards with power lines
Proving negligence requires investigating the accident, preserving evidence, and building a compelling case with the help of qualified experts. An attorney can help guide families through this process. Some of the evidence they may gather includes:
- Police reports and medical examiner records
- Photographs and inspection reports from the accident scene
- Witness statements
- The victim’s medical history
- Expert opinions on electrical systems, building codes, product defects, etc.
Thorough evidence collection and analysis is key to demonstrating precisely how the defendant’s negligent actions led to the electrocution incident.
Damages Available in Missouri Wrongful Death Suits
Under Missouri law, certain family members of the victim can file a wrongful death lawsuit seeking compensation for their losses. The following damages may be recovered:
- Funeral and burial expenses
- Loss of financial support the victim would have contributed to the family
- Loss of companionship, guidance, and nurturing
- Pain and suffering experienced by the victim between injury and death
- Loss of benefits the family would have received from the victim’s continued life
- Loss of inheritance the victim could have accumulated and left to the family
Punitive damages may also be awarded in cases where negligence was especially reckless or egregious. There are no caps on wrongful death damages in Missouri. The total amount will depend on the evidence presented in each unique case. An experienced attorney can help prepare a thorough economic analysis of all applicable damages.
Time Limits for Filing a Lawsuit
Missouri has strict statutes of limitations on filing wrongful death lawsuits, so it is important to act promptly. Families generally have three years from the date of their loved one’s death to file their claim.
In cases against a governmental entity, a notice of claim must be submitted within one year. Once notice is given, the statute of limitations is effectively extended to two years.
These short time frames underscore the importance of consulting an experienced attorney right away if you lose a loved one in a fatal electrocution accident. Preserving evidence and conducting a thorough investigation takes time. An attorney can handle time-sensitive legal deadlines and filings while the family copes with grief.
Finding Answers and Accountability
Coping with the sudden loss of a loved one in an electrocution accident leaves families with many unanswered questions. Litigation cannot undo this tragic loss, but it can provide some measure of justice and closure for grieving families. With an attorney’s help, families can hold negligent parties legally accountable and potentially recover substantial compensation for their damages.
The litigation process can also uncover important details about how and why the electrocution occurred. While painful, understanding exactly what went wrong can give families a sense of closure, and help prevent similar accidents in the future.
Seeking Experienced Legal Representation
If you have lost a family member in a fatal electric shock accident in Missouri, please contact us for a free consultation by calling (888) 477-0597. We have 32 offices in 19 states, including Missouri, Nebraska, and Pennsylvania, and our team has decades of experience fighting for the rights of injured plaintiffs and grieving families.
We handle electrical accident cases involving construction sites, defective products, utility failures, and other forms of negligence. Please do not hesitate to reach out, so we can start investigating your case right away while respecting your need for time to grieve in peace. With compassion and diligence, we will work tirelessly to help your family find answers, accountability, and justice.