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.

Missouri law divides eligible plaintiffs into three categories. First, the deceased’s spouse, children, or lineal descendants. Second, if none exist, the deceased’s siblings. Third, if neither exists, a court-appointed plaintiff ad litem. Any one eligible person can file on behalf of all beneficiaries, and the court distributes any recovery according to each family member’s loss.

Three years from the date of death. This is shorter than Missouri’s five-year general personal injury deadline, and the clock can start running while a family is still grieving. If the death resulted from medical malpractice, the claim is still governed by the three-year wrongful death statute, but a separate two-year malpractice deadline may also apply. Consulting an attorney early protects your family’s rights.

No. Missouri places no cap on damages in wrongful death cases arising from negligence, such as car or truck accidents. The exception is wrongful death stemming from medical malpractice, where non-economic damages are capped under Missouri law ($700,000 for malpractice occurring on or after August 28, 2015). Economic damages like lost wages and medical expenses are never capped.

There is no meaningful average. Settlements range from tens of thousands of dollars to tens of millions, depending on the decedent’s age, earning capacity, the circumstances of the death, and the strength of the evidence. Published averages mix minor cases with catastrophic ones and say little about any individual claim. What matters is whether the firm handling the case has the resources and trial record to value it accurately, and the willingness to take it to a jury if the offer is inadequate.

Missouri law distributes wrongful death proceeds according to each beneficiary’s actual loss, not automatically in equal shares. Courts consider factors such as financial dependence on the deceased, the relationship, and the nature of each survivor’s grief and loss of companionship. An attorney can explain how the distribution would likely work in your family’s specific situation.

Most wrongful death cases resolve within one to three years, though complex cases involving multiple defendants or corporate defendants can take longer. The timeline depends on the investigation, the defendants’ willingness to negotiate, and whether the case proceeds to trial. Filing early protects the family’s rights while evidence is fresh, regardless of how long resolution ultimately takes.