Daily Activities Wrongful Death Damages in Missouri

In a wrongful death lawsuit stemming from a car accident in Missouri, daily activities of the deceased can be a significant factor when calculating damages awarded to surviving family members. These damages aim to compensate for the loss of services, companionship, and support the deceased provided.

Here's how daily activities factor into wrongful death damages in Missouri:

  • Demonstrating the Loss: By showcasing the deceased's daily activities and contributions to the family's well-being, you can establish the magnitude of the loss suffered. This can include things like:

    • Household chores: Cooking, cleaning, yard work, errands, etc.
    • Childcare: Providing childcare, attending school events, emotional support.
    • Financial support: Contributing financially to household expenses.
    • Companionship: Engaging in hobbies or activities together, emotional support.
    • Guidance and instruction: Mentoring younger family members.

  • Evidence of Daily Activities: Various forms of evidence can be used to demonstrate the deceased's daily activities:

    • Photos and videos: Depicting the deceased engaged in activities with family members.
    • Testimonies: Family members, friends, and neighbors can provide firsthand accounts of the deceased's contributions.
    • Financial records: If the deceased was the primary earner or contributed financially, pay stubs or tax returns can be used as evidence.
    • School records (for childcare): Can show involvement in school activities for children the deceased cared for.

  • Impact on Different Family Members: The impact of the loss on each surviving family member can be addressed. For instance, a spouse might lose companionship and financial support, while children might lose a parent's guidance and care.

Non-economic vs. Economic Damages:

It's important to understand the distinction between economic and non-economic damages in Missouri wrongful death cases:

  • Economic Damages: These are quantifiable financial losses, such as lost income the deceased would have provided, or out-of-pocket expenses incurred due to the death (e.g., funeral costs).
  • Non-economic Damages: These are harder to quantify and encompass the emotional losses, such as loss of companionship, love, and support. While Missouri allows recovery for a variety of non-economic damages in wrongful death cases, there is no cap on them except in medical malpractice wrongful death cases.

This post is for information purposes only and is not legal advice.

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