Wrongful Death Lawyer in St. Louis, MO

wrongful death lawsuit

The ripple effects of losing a family member touch all aspects of your life. When someone else’s negligence caused the death, the grief and anger can be overwhelming. In addition to your tragic loss, funeral and burial costs are significant, and you might have lost a substantial portion of your family’s household income. Where do you turn for help?

The St. Louis wrongful death attorneys at Craig, Kelley & Faultless have helped many Missouri families find justice after losing a loved one in an accident caused by someone else. We know you do not want or need the stress of a legal battle, which is why we will handle all the work for you. With over 30 years of legal experience, we know the ins and outs of wrongful death cases in St. Louis. Our experienced legal team is committed to helping you pursue fair compensation for your loss.

Call now or complete our online contact form for a free case review with an experienced St. Louis wrongful death attorney at our law firm.

What Qualifies as a Wrongful Death in Missouri?

Under Missouri law, a wrongful death is one that results from someone else’s carelessness, intentional actions, or failure to act. Essentially, families usually can file a wrongful death claim if their deceased relative would have had cause for a personal injury claim had they survived.

St. Louis fatal car accidents are tragic examples of wrongful deaths. No matter what type of negligent action resulted in the crash — speeding, drunk driving, distracted driving, road rage, or something else — careless drivers are liable for the injuries they cause. If someone dies in a collision, whoever caused the wreck can be held liable in a wrongful death lawsuit.

Talk to our fatal accident lawyers if you are not sure whether you have grounds for legal action. We are ready to analyze your situation and explain your legal options.

Who Can File a Wrongful Death Lawsuit in Missouri?

Missouri wrongful death laws allow only certain family members to file a wrongful death lawsuit. The first group with the legal right to file includes the deceased’s spouse, children, or parents. If you fall into one of these categories, you have priority to pursue compensation in a wrongful death claim.

If your family member did not have a surviving spouse, child, or parent, then the right to file passes to their siblings or nieces and nephews. However, those in this second group must petition the court for the right to file.

When none of the above family members are available or eligible, the court can appoint a plaintiff ad litem for the deceased’s estate. That person can file a wrongful death claim on behalf of the estate.

What Compensation Can Be Recovered in a Wrongful Death Case?

The purpose of a wrongful death claim is to allow surviving family members to recover compensation for the financial and intangible losses they have suffered as a result of a loved one’s passing. Wrongful death compensation can include money for:

  • The loss of the deceased’s income and other financial benefits
  • The deceased’s pain and suffering
  • The loss of the deceased’s emotional support, guidance, counsel, and companionship
  • The deceased’s remaining medical expenses
  • Funeral and burial expenses

How Do You Prove Negligence in a Wrongful Death Case?

For a successful wrongful death claim in St. Louis, you usually must prove that someone else caused your family member’s death because they did not take reasonable precautions to avoid the fatal accident. Some cases involve intentional injuries, but those are rare. Some types of evidence you can use to prove negligence include:

  • Accident reports – Police reports, incident reports, or other official documentation from the scene can provide details about how the fatal event occurred and who caused it.
  • Eyewitness statements – Accounts from people who saw the accident can help confirm the facts and support your version of events. For example, someone might have seen a distracted driver looking at their phone before the collision.
  • Photographs and videos – Visual evidence taken from the scene, security cameras, dashcams, or from the phones of bystanders can show what conditions led to your family member’s death and how the responsible party acted. Photos and videos are particularly helpful when someone tries to blame the deceased for an accident.
  • Medical records and autopsy reports – Medical documents can help link your family member’s cause of death to the accident and may reveal the extent and cause of the injuries they suffered.
  • Expert testimony – Doctors, accident reconstruction specialists, or other experts can explain how someone’s careless behavior caused your family member’s death.
  • Company policies and maintenance logs – In cases involving fatal commercial or workplace accidents, internal records may show safety violations, lack of training, or poor maintenance practices that contributed to the accident.
  • Cell phone or other electronic records – Phone records, texts, or GPS data can show whether the at-fault party was paying attention at the time of the accident. Such evidence is often particularly helpful in cases related to distracted driving or workplace accidents.

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What Are the Most Common Causes of Wrongful Deaths in St. Louis?

Someone else’s carelessness can lead to fatal outcomes in countless ways. A few examples of common causes of wrongful deaths in St. Louis include:

How Long Do You Have to File a Wrongful Death Claim in Missouri?

The Missouri wrongful death statute of limitations allows only three years from the date of death – two years shorter than the statute of limitations for personal injury claims. The deadline runs from when someone died, not when they initially suffered their injury. The distinction is vital because people sometimes live with severe injuries for weeks or months before succumbing to their wounds.

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.

How Can a St. Louis Wrongful Death Lawyer Help Your Case?

Our team understands that you are hurting and do not want the hassle of dealing with a personal injury claim. Let us make the legal process as painless as possible by handling all the work for you, including:

  • Investigating the accident
  • Collecting evidence
  • Filing the necessary documents and court forms
  • Documenting the losses you and your deceased family member suffered
  • Negotiating with the insurance companies
  • Taking your case to court if necessary

Craig, Kelley & Faultless stands ready to provide the skilled fatal injury legal representation you need during this tragic time. We have decades of combined experience, and our track record shows we have what it takes to help you seek justice.

Call now or complete our contact form for a free consultation.