St. Louis Wrongful Death Attorneys

In a wrongful death lawsuit, the decedent’s immediate family members have the ability to sue. There are three categories of people who have the ability to sue:

• Category 1: Spouse or Children: Rights first go to the deceased’s spouse, children, or surviving lineal descendants of any deceased children, natural or adopted, legitimate or illegitimate, or by the father or mother of the deceased, natural or adoptive.
• Category 2: Brother or Sister of the Deceased: If there are no individuals from Category One or descendants, the brother or sister of the deceased can establish rights to the damages due to the death.
• Category 3: Plaintiff Ad Litem: If there are no individuals in Categories One or Two, a court-appointed person authorized to sue at the request of heirs of the deceased can file. This individual is usually a personal representative of the deceased’s estate.

No amount of money will bring a loved one back, but it can ease the financial burden experienced following the death, helping to cover lost wages and expenses. In wrongful death claims, you can recover economic and non-economic damages.

Economic damages include:

• Medical bills
• Funeral expenses
• Lost wages
• Lost benefits
• Lost support

Non-economic damages include:

• Mental anguish
• Pain and suffering
• Loss of companionship
• Loss of consortium

In Missouri, there aren’t any limits on the amount of damages that can be recovered in a wrongful death lawsuit. Deaths stemming from personal injury cases, such as a car accident, will have no cap. However, claim limitations will apply if the lawsuit stems from medical malpractice. Wrongful deaths arising from medical malpractice that occurred on or after August 28, 2015, damages are capped at $700,000. Those that occurred before August 28, 2015, are capped at $500,000. These limits only apply to non-economic damages. Economic damages are not subject to a damages cap.

Wrongful death lawsuits function similarly to personal injury, but must be filed by an individual who is either a spouse or child, brother or sister, or plaintiff ad litem of the deceased. The plaintiff must prove the defendant’s wrongful or negligent actions resulted in the death or fatal injuries.

Your wrongful death attorney will file the claim for you, presenting all necessary facts and evidence to negotiate a settlement. If a settlement cannot be reached, your case will be taken to trial.