Wrongful Death Lawyer in St. Louis, MO

wrongful death lawsuit

There is nothing more painful than the untimely death of a family member. Beyond the emotional pain of their passing, you could also face financial hardships due to the loss of their income, the cost of treating their injury or illness, and funeral expenses. However, if someone is responsible for your family member’s death, the law gives you the right to demand compensation for these and other losses through a Missouri wrongful death claim.

Craig, Kelley & Faultless LLC wants to help you during this difficult time. Our St. Louis wrongful death lawyers have spent more than 20 years representing families struggling with the sudden and preventable loss of a loved one. You can count on us to fight for full and fair compensation after what you’ve been through. Let us handle the complex legal aspects of your case so that you can focus on grieving in peace.

Call us or visit our contact page for a free consultation with a St. Louis wrongful death attorney.

What Constitutes Wrongful Death in St. Louis?

According to the Missouri Revised Statutes, a wrongful death is any death caused by another party’s negligent, reckless, or intentional actions. If the deceased would have had grounds for a personal injury case had they lived, their survivors can pursue a wrongful death claim against the person who harmed them.

Common Causes of Wrongful Deaths in St. Louis

What You Need to Do After a Wrongful Death in St. Louis, Missouri

If you believe your loved one suffered a wrongful death, take the following steps to protect your family’s rights and start the process of seeking justice:

  • Save the deceased’s medical records and any receipts to outline your financial losses due to their passing.
  • Preserve any other evidence you have of the accident, such as photos, eyewitness accounts, and police reports.
  • Do not provide details of your loved one’s passing on social media.
  • Do not speak to any insurance companies without talking to a lawyer first.
  • Get in touch with an experienced Missouri wrongful death attorney.

How Do I Prove Negligence in a Wrongful Death Case in St. Louis, Missouri?

Wrongful death cases are civil cases, not criminal ones. Most are based on the concept of negligence, a legal term that means someone caused another person harm by failing to take reasonable steps to prevent an injury. You must only prove that it is more likely than not that the defendant caused your loved one’s death, not that they did so beyond a reasonable doubt.

While this standard of proof is lower than in criminal cases, it can still be challenging to meet without solid evidence.

Examples of evidence you can use to establish liability in a wrongful death case include:

  • Police reports
  • Medical records
  • Expert testimony
  • Eyewitness accounts
  • Photographs
  • Dashcam and video footage
  • Property records
  • Forensic accident investigations

Who Can File a Wrongful Death Lawsuit in Missouri?

According to Missouri’s wrongful death law, three categories of plaintiffs can file a wrongful death lawsuit. The deceased’s surviving spouse, surviving children, or surviving parents have the first right to file a wrongful death lawsuit.

If the deceased has no surviving spouse, children, or parents, then their surviving siblings or those siblings’ children are eligible to file suit. However, surviving siblings or their children must show that the deceased’s death injured them somehow before they can proceed.

If the deceased has no surviving spouse or other family members, the personal representative of their estate may file a wrongful death lawsuit. The courts may appoint a personal representative if the deceased did not name a representative in their will. Only someone eligible to recover compensation from the deceased’s estate can be named its personal representative.

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What Kind of Damages Are Available for Wrongful Death in St. Louis, MO?

A wrongful death lawsuit allows you to pursue compensation for financial and non-financial losses, including:

  • Funeral and burial expenses
  • Medical expenses related to the fatal injury or illness
  • Lost wages and other economic benefits your loved one would have earned if they survived their injury
  • The deceased’s pain and suffering from the time of their injury until their death
  • Loss of consortium, a legal term for emotional support

At Craig, Kelley & Faultless LLC, we know the idea of filing a lawsuit is overwhelming for many families. When you work with us, you will get compassionate legal support with as few disruptions to your life as possible.

Amount of Compensation for a Wrongful Death Claim

The amount you can recover in a wrongful death claim depends on many factors, such as the income you lost because of your loved one’s death, the pain and suffering they experienced, their medical bills, and the cost of funeral and burial expenses. It is hard to say how much a wrongful death case may be worth until a lawyer can look more closely at your claim.

Technically, there is no limit on how much you can recover in a wrongful death claim. However, Missouri does have a damages cap for cases related to medical malpractice. The specific amount is set by state law and changes annually to account for inflation. A wrongful death settlement attorney can tell you more about how much your case may be worth.

Statute of Limitation for Wrongful Death Lawsuit in St. Louis

You have three years from the date of your loved one’s death to file a wrongful death lawsuit. However, it is usually best to speak to an attorney immediately so you can build the strongest possible case.

We Will Fight for Your Rights After a Wrongful Death

Our St. Louis wrongful death attorneys have helped many grieving families find justice and closure. In one case, we represented a woman whose husband died after being hit by a distracted truck driver. We took the time to get to know her and her children personally to protect her rights and demand accountability for the family. We then negotiated a structured settlement to provide for her and the children. We provide this level of care and attention to all our clients.

Wrongful Death Frequently Asked Questions

What constitutes a wrongful death?

A wrongful death occurs when someone dies because of someone else’s negligence, negligent act of omission, or wrongful action. It’s a preventable death, one that would never have happened but for the other party’s actions. Indiana law defines a wrongful death as one in which the deceased, if they had survived, would have had grounds to file a personal injury claim for damages against the at-fault party.

Who can file a wrongful death lawsuit in Indiana?

The wrongful death claim must be filed by the deceased’s personal representative. The personal representative may be the executor of the deceased’s will or, absent a will, the court-appointed representative of the estate.

What damages can be claimed in an Indiana wrongful death case?

Damages in a wrongful death lawsuit include any medical care the deceased needed after the accident before they passed, hospital fees, burial and funeral expenses, and anticipated lost earnings and benefits. The lawsuit could also seek compensation for the loss of love and companionship the death causes the surviving family.

How is liability determined in a wrongful death case?

Liability in wrongful death suits requires proof that the at-fault party caused the accident that resulted in the death. That means establishing the at-fault party had a duty of care to the deceased, fell short of that duty of care, and caused the incident leading to the deceased’s death.

What is Indiana’s statute of limitations for filing a wrongful death lawsuit?

The statute of limitations sets a two-year deadline for bringing a wrongful death suit against the at-fault party. If the deceased’s personal representative fails to initiate the legal process before the statute of limitations expires, a judge will almost certainly dismiss a later filed case. 

How does the wrongful death claims process work?

The estate’s representative, often representing the family of the deceased, contacts a wrongful death attorney to initiate the claim. Once hired, the attorney can investigate the incident that caused the death and gather evidence of the wrongdoing that caused it. The evidence could include safety records of the establishment where the accident happened, driving records or a police report if the deceased was killed in a collision, witness statements, and photos or video of the fatal accident, for example.

 

Once the lawyer has a solid case for negligence, they may send a demand letter to the at-fault party or their insurer to demand appropriate compensation, or they could file a lawsuit. Many wrongful death cases are settled out of court through negotiations, mediation, or arbitration. The lawyer may represent the estate in these negotiations. Some cases go to trial, and so the wrongful death lawyer would litigate the claim in Indiana civil court.

Do I need a wrongful death attorney, and how do I choose one?

You are not required to have a wrongful death attorney to file a claim or lawsuit, but a lawyer can streamline the process and help you avoid pitfalls that could jeopardize your case. A lawyer also has resources you do not have, such as access to expert witnesses who could bolster your case and draw links between the accident and your loved one’s death. 

Look for a lawyer with experience in wrongful death cases. Wrongful death cases may involve estimating the future lost earnings of the deceased, which can be complicated. The attorney you choose should also have trial experience and a track record of success with wrongful death claims.

Contact Our Wrongful Death Lawyer in St. Louis

Losing a family member is never easy, and a wrongful death lawsuit will not make your loss any less painful. However, holding the liable party accountable can bring closure and help you secure the resources you need to care for yourself and your family. Call Craig, Kelley & Faultless LLC today or visit our contact page for a free consultation with a St. Louis wrongful death lawyer.