Missouri Wrongful Death Lawyer
A Missouri wrongful death lawyer specializes in cases where personal injury leads to tragic loss. Often a wrong death occurs due to incidents like car accidents, medical malpractice, workplace accidents, defective products, and other wrongful death cases.
Fortunately, according to Missouri’s law, the surviving family members can initiate legal action against liable parties and demand compensation for their emotional and financial losses. A skilled wrongful death lawyer represents the deceased’s family members and helps them pursue claims for medical expenses, funeral costs, and lost future income.
Schedule a free consultation with our wrongful death attorney for cases in St.Louis, Missouri. All confidential or sensitive information you disclose with our wrongful death lawyer remains private through an attorney-client relationship.
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Contact our Missouri wrongful death lawyers to schedule a free consultation. All confidential or sensitive information shared with your Missouri wrongful death lawyer remains private through an attorney-client relationship.
How Common are Missouri Wrongful Death Cases?
The Missouri Department of Transportation and the Missouri State Highway Patrol reported 978 traffic deaths in 2023 alone.
According to the Forbes Advisor, in 2022, there were 1,040 fatalities in traffic crashes on Missouri roadways.
Medical errors lead to 251,000 fatalities every year, which is 9.5% of annual deaths in the United States, with medical malpractice as a leading cause of mortality.
In 2021, though heart disease was the top cause of death in Missouri, the age-adjusted death rate for unintentional injuries or accidents was reported at 75.1 per 100,000 residents.
Among the top 10 leading causes of death, the number of unintentional injury fatalities increased from 2012 to 2022, marking a total increase of 59.4%. Unintentional drug overdoses were the main reason behind this uprise in deaths.
The Brain Injury Association of Missouri reports that accidents or unintentional injuries are the 4th leading cause of death for rural and urban counties in Missouri.
Some of the deaths from unintentional injuries between the period 2007 and 2017 include falls, motor vehicle accidents, drug overdoses and poisonings, fires, and drownings.
How Does the State of Missouri Define a “Wrongful Death”?
In Missouri, a “wrongful death” (Missouri Revised Statute 537.080) is defined by statute as “the death of a person” that causes “from any act, conduct, occurrence, transaction, or circumstance which, if death had not ensued, would have entitled such person to recover damages in respect thereof”.
In Missouri, a wrongful death claim occurs when someone’s negligent or intentional actions lead to another person’s death. Essentially, it’s like a personal injury claim that results in a fatality. According to Missouri law, the family members of the deceased can seek compensation through a wrongful death lawsuit, on behalf of the victim.
Typically, family members can pursue financial recovery for any losses in most Missouri wrongful death cases based on the following offences:
- Medical Malpractice
- Negligent Actions (for example, motor vehicle accidents, product or premises liability)
- Intentional violence or misconduct
If you have lost a loved one and are planning to file a wrongful death lawsuit in Missouri, consult an experienced personal injury lawyer for possible legal actions.
Statute of Limitations for a Missouri Wrongful Death Claim
Wrongful death lawsuits must be filed within an established period, also known as a “statute of limitations.” Under Missouri law (Mo. Rev. Stat. § 537.100 (2021)), wrongful death lawsuits are subject to a statute of limitations, which dictates the timeframe within which they must be filed.
Typically, the statute sets a deadline of three years from the date of the death for most wrongful death claims. Failure to file within this timeframe may result in the court declining to hear the wrongful death case altogether.
If you have experienced the death of a loved one, talk to a Missouri wrongful death lawyer, who can help you file a claim within the statute of limitations period.
Who Can File a Wrongful Death Claim in Missouri Cases?
Under R.S.Mo. § 537.080, Missouri law outlines who can file wrongful death lawsuits, restricting the parties to those who have close relationships with the deceased individual. Here are the individuals related to the deceased who have the right to pursue legal action for a wrongful death:
- Surviving spouse
- Surviving natural or adopted children
- Surviving descendants of the children if the children are no more
- Surviving grandchildren
- Surviving natural or adoptive parents
- Surviving sibling or descendants of any siblings
If no one from the above categories survives, the court will appoint a “plaintiff ad litem” to handle the legal wrongful death action. A plaintiff ad litem must be requested by someone who is entitled to receive a part of the compensation from a wrongful death claim. An experienced wrongful death attorney, well-versed in wrongful death law, will guide you throughout the legal process.
Are There Limitations on the Compensation Amount in a Wrongful Death Lawsuit?
A damage cap establishes the maximum compensation recoverable in a civil lawsuit. In Missouri, wrongful death lawsuits often don’t have damage caps, except for cases involving medical malpractice.
Personal injury deaths, like those from car accidents or pedestrian crashes, don’t fall under the damages cap. For medical malpractice deaths since August 28, 2015, the cap is $700,000, or $500,000 if happened before that date.
These limits are subject to non-economic damages, like loss of companionship, pain and suffering. Damage caps don’t apply to economic damages, such as medical expenses and lost income.
The damage cap on punitive damages in most wrongful death cases is limited to $500,000 or five times the total economic and non-economic damages.
What Types of Damages Can We Recover Through a Wrongful Death Case?
Once you and your wrongful death attorney have achieved a successful wrongful death lawsuit, the court mandates the at-fault party to compensate the deceased person’s survivors or estate for their incurred losses, known as “damages.” The total amount of this financial compensation is determined by the Missouri court based on the unique circumstances of the wrongful death case.
Typically, the state’s legal system considers the following factors when awarding damages in a wrongful death case, including:
- Funeral and burial expenses after the death
- Medical expenses when the victim was alive and received medical treatment for the injury
- Lost wages and future earnings the victim would have gained if they had survived
- Pain and suffering the victim and their family suffered between the time of injury and death
- Loss of consortium, guidance, and parental support the deceased would have provided to their loved ones
- Caregiving services the deceased would have offered to minor children or a disabled person if they had lived
- Punitive damages if the defendant’s actions were proved egregious
If your family member died because of another person’s actions, you have the right to file a wrongful death suit and be financially compensated for your tragic loss. Our skilled wrongful death attorneys will assess your claim and the damages that you may be entitled to.
Secure the Justice You Deserve with Our Missouri Wrongful Death Lawyer
To ensure you recover the maximum recovery for both economic and non-economic damages as a result of a loved one, hire an experienced wrongful death lawyer in Missouri who has handled and won cases like yours.
A skilled wrongful death attorney can provide you with various legal benefits, such as:
- Legal Support: Your death lawyer takes care of all administrative tasks, communication with involved parties, and finishing paperwork on time, allowing you to focus on recovery.
- Evaluation of Claim’s Worth: With several decades of experience, your wrongful death lawyer can accurately assess the value of your claim, including pain and suffering, medical bills, lost income, and other damages.
- Legal Representation Services: Your wrongful death attorney will build a strong case by collecting evidence, determining negligence and fault, and negotiating settlements with an insurance company. If necessary, they can represent you in court trials, increasing your chances of success.
- A Reliable Partnership: During this difficult time, your death lawyer provides emotional support, counseling, and guidance, making sure you understand your legal options.
Hire a Skillful Wrongful Death Attorney for Your Missouri Case
Did your family member or loved one die because of someone else’s intentional or negligent acts? Are you ready to take wrongful death action against those responsible for the accident and resultant death?
Our compassionate wrongful death lawyers at the Injury Lawyer Team, sponsored by Rosenfeld Law Offices, understand the trauma a family experiences when they lose a close one. Hence, our law firm is fully committed to helping you file a successful wrongful death claim and seek the compensation you deserve.
Our personal injury lawyers represent clients on a contingency fee basis, meaning that you won’t any legal service fees unless we recover compensation through negotiations or litigation.
Contact us today at (888) 424-5757 to schedule a free consultation with our experienced wrongful death lawyer.