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St. Louis Wrongful Death Attorneys

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Wrongful Death

Work with a firm with a successful track record of handling complex, high-stakes cases.There are few things in life more traumatic than unexpectedly losing a loved one. It’s even more difficult when that loss was avoidable. Adding in unexpected costs for a funeral and burial makes the wrongful death of a family member even more challenging. Because of this, the law provides for surviving family members to file a wrongful death lawsuit to recoup these and other losses.

At the Simon Law Firm, P.C., our compassionate team of St. Louis wrongful death attorneys stands ready to help your family through this devastating time and ensure you have the financial resources you need to provide for your future.

Fighting for Families in Missouri & Across the Country

Our wrongful death attorneys can help with a wide variety of wrongful death cases, such as those involving:

Wrongful Death Lawsuit Results and Resources

What is Wrongful Death?

Wrongful death are a specific type of personal injury lawsuit characterized by a negligent act resulting in the death of an individual. In injury cases, it’s necessary to show how one negligent act committed by the Defendant directly caused or contributed to the injury the Plaintiff suffered. In a wrongful death case, not only does a negligent act have to be proven, but it also must be proven the negligence directly caused the decedent’s fatal injuries.

Who can sue for wrongful death in Missouri?

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.

Damages recoverable in a wrongful death case

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

What is the cap for wrongful death in Missouri?

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.

How do you file a wrongful death lawsuit?

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.

Get the Help You Need from Our St. Louis Wrongful Death Lawyers

At the Simon Law Firm, P.C., our wrongful death attorneys have the resources and expertise to handle your case without sacrificing the personalized counsel and support you deserve. Complete and submit the contact form below, call our office, or reach out directly to one of our personal injury attorneys today.

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