Losing a loved one is one of the most painful experiences a family can go through. It is even harder when that loss happens because of someone else’s carelessness or negligence. If you are grieving a family member who passed away due to an accident or misconduct in St. Louis, you may be entitled to seek justice through a wrongful death claim.

At The Super Lawyer, we understand that no amount of money can replace a spouse, parent, or child. However, a wrongful death lawsuit can help secure your financial future and hold the responsible parties accountable. Our goal is to handle the legal burden for you, dealing with insurance companies and court filings, so you can focus on healing and being with your family.

Understanding Wrongful Death Law in Missouri

In Missouri, a “wrongful death” is defined as a death caused by the conduct, occurrence, or transaction of another person or entity that would have entitled the victim to recover damages if they had survived. Essentially, if your loved one could have filed a personal injury lawsuit had they lived, the surviving family may be able to file a wrongful death action.

These cases often arise from negligence. This means someone failed to act with reasonable care, resulting in a fatal injury. Whether the incident happened in St. Louis City, St. Louis County, or surrounding areas, state laws govern how these claims are handled.

Who Can File a Wrongful Death Claim in St. Louis?

Missouri law is very specific about who is allowed to file a wrongful death lawsuit. The law creates “classes” of beneficiaries who have priority in filing a claim. It is important to know where you stand in this order:

• Class 1 (First Priority): The surviving spouse, children (including adopted children), and parents of the deceased. If the children are minors, a court may appoint a guardian to represent their interests.
• Class 2 (Second Priority): If there are no survivors in Class 1, the right to sue passes to the siblings of the deceased or their descendants.
• Class 3 (Third Priority): If no one from the first two classes exists, the court may appoint a “plaintiff ad litem.” This is a person appointed specifically to handle the lawsuit on behalf of the estate.

Determining who has the legal right to file can be complicated, especially in large families. A St. Louis wrongful death lawyer can help you determine who is the correct person to act as the representative for the family.

Compensation Available to Grieving Families

The purpose of a wrongful death claim is to provide financial support to the survivors and the estate. Under Missouri statutes, you may be able to recover various types of damages. These generally fall into two categories: economic and noneconomic damages.

Economic Damages

These are financial losses that can be calculated with bills and receipts. They often include:

• Medical expenses: Bills for the hospital care, surgery, or treatment your loved one received before they passed away.
• Funeral and burial costs: The expenses associated with laying your loved one to rest.
• Loss of financial support: The income, wages, and benefits the deceased would have earned and contributed to the family if they had lived.

Noneconomic Damages

These damages cover intangible losses that are harder to put a price tag on but are deeply felt by the family. They may include:

• Loss of companionship: Compensation for the loss of love, comfort, and society of the deceased.
• Loss of guidance: For children, this covers the loss of parental advice, training, and education.
• Loss of consortium: Damages available to a spouse for the loss of the marital relationship.

Common Causes of Wrongful Death Cases We Handle

Wrongful death claims can arise from many different types of incidents. Our team looks into the facts of what happened to determine if negligence played a role. Common causes in the St. Louis area include:

• Motor Vehicle Crashes: Car accidents, truck accidents, and motorcycle wrecks are leading causes of fatal injuries.
• Medical Malpractice: Surgical errors, misdiagnosis, or birth injuries caused by doctors or hospitals.
• Workplace Accidents: Fatal incidents on construction sites or industrial jobs.
• Nursing Home Abuse: Neglect or abuse of elderly residents leading to premature death.
• Defective Products: dangerous machinery, vehicle parts, or consumer goods that fail and cause harm.
• Premises Liability: Slips, falls, or security failures on dangerous property.

The Statute of Limitations: Deadlines Matter

It is crucial to act quickly after a loss. Missouri has a statute of limitations for wrongful death cases. Generally, you have three years from the date of death to file a lawsuit. If you miss this deadline, you will likely lose your right to seek compensation forever.

While three years may sound like a long time, building a strong case takes time. Evidence needs to be preserved, and witnesses need to be interviewed while their memories are fresh. Contacting an attorney early ensures your rights are protected.

How a St. Louis Wrongful Death Lawyer Helps You

Navigating the legal system while grieving is overwhelming. Hiring an experienced attorney allows you to step back while a professional advocates for your family. Here is how we help:

• Investigation: We gather police reports, medical records, and video footage to prove liability.
• Valuing the Claim: We work with economic experts to calculate the total lifetime value of lost wages and support.
• Handling Insurance Companies: Insurers often try to settle quickly for low amounts. We handle all communication to ensure you aren’t taken advantage of.
• Litigation: If a fair settlement cannot be reached, we are prepared to file a lawsuit and present your case in court.

Steps to Take After a Potential Wrongful Death

If you suspect your loved one’s death was caused by negligence, there are a few important steps you should try to take:

1. Preserve Evidence: Keep copies of any accident reports, medical records, and photographs of the scene if available.
2. Do Not Sign Anything: Insurance adjusters may approach you with a settlement offer or ask for a recorded statement. Do not sign releases or give statements without legal advice.
3. Keep Records of Expenses: Save receipts for funeral costs and any medical bills related to the incident.
4. Contact a Lawyer: Reach out to a wrongful death attorney to review the facts of your case immediately.

The Legal Process: What to Expect

Many families worry about what a lawsuit looks like. While every case is unique, the general process usually follows this path:

• Initial Consultation: We meet to discuss what happened and explain your options.
• Investigation & Demand: We gather evidence and send a demand letter to the insurance company or defendant.
• Filing a Petition: If they refuse to pay a fair amount, we file a formal complaint in the appropriate Missouri court.
• Discovery: Both sides exchange information, ask questions (interrogatories), and take depositions.
• Mediation or Trial: Many cases settle during mediation. If not, the case goes to a jury trial where a verdict is decided.

Costs and Fees: No Upfront Payment

We believe that financial worry should not stop you from seeking justice. That is why most wrongful death attorneys work on a contingency fee basis. This means you do not pay any legal fees upfront. We only get paid if we successfully recover compensation for you through a settlement or verdict. If there is no recovery, you typically do not owe us attorney fees.