St. Louis Wrongful Death Attorneys

Who Can File a Wrongful Death Lawsuit in Missouri?

Not all loved ones of the deceased have the automatic right to pursue a wrongful death lawsuit on their behalf. Missouri enforces specific rules on who has the right to bring a claim.

Typically, the following parties have the first right to file a wrongful death case:

• The surviving spouse
• The surviving children (biological or adopted)
• The surviving parents (biological or adoptive)
• The surviving grandchildren (if there are no surviving children)

In a scenario where none of the parties listed above survived the deceased, the following family members usually have a right to take legal action:

• The surviving siblings
• The surviving nephews or nieces 

In the event none of these parties survive the victim, the personal representative of the deceased’s estate – typically named in the victim’s will – can generally file a lawsuit. If no personal representative is named or if the deceased’s named representative is unavailable or unwilling to take on the role’s responsibilities, the court will appoint one. In situations where wrongful death litigation is possible, Missouri courts will look to appoint a personal representative who is capable of taking on their role in the legal process and is entitled to share in the proceeds of the case. 

Statute of Limitations for Missouri Wrongful Death Cases

In Missouri, the statute of limitations for filing a wrongful death claim is generally three years from the date of the victim’s death. This means that the lawsuit must be initiated within this period to remain valid in the eyes of the law. Note that this date may be distinct from the date the victim sustained injuries that were ultimately fatal. 

Missing this deadline can result in the court dismissing the case, which would prevent you and your loved ones from receiving potential compensation for your loss. We encourage you to get in touch with our St. Louis wrongful death attorneys as soon as possible so that we can work to secure evidence and witnesses.

Steps Involved in a Wrongful Death Case

A wrongful death case begins with an initial consultation with a law firm. Our team at Sedey Harper Westhoff can evaluate the merits of your case and advise you of its viability at no cost to you. If you choose us to represent you, our lawyers will carefully investigate the circumstances of the death and gather all relevant facts – including documentation of the incident, witness statements, and any available evidence – to build a comprehensive picture of the situation. 

Once sufficient information is collected, we can file a formal complaint. This legal document outlines the assertions against the defendant (or defendants) and the basis for the claim. We can develop a detailed complaint that clearly articulates the negligence or intentional harm that led to your loved one's death. This sets the stage for engaging with the opposing parties through the discovery process, where evidence is exchanged and depositions may occur. Our attorneys are adept at navigating these proceedings and can work to strengthen your case. 

As your case progresses, we may engage in settlement discussions. Our attorneys can aggressively negotiate to reach a fair settlement that fully compensates your family for your tragic loss. However, if the opposing party refuses to offer a just settlement, we are prepared to take your case to court. At trial, our attorneys can present a compelling case before a judge or jury, using evidence, expert testimony, and witness accounts to establish liability and the impact of the loss on you and other surviving family members. 

If we obtain a favorable verdict, the court will issue a judgment that outlines the amount of compensation your family is entitled to receive. However, it is important to note that the losing party may choose to appeal the decision, which could affect the final resolution of your case. If no appeal is made, or if the appeal is unsuccessful, the judgment becomes enforceable, allowing your family to collect the awarded compensation.

We can provide ongoing support and results-oriented legal representation throughout each stage of this process. Our team can handle the legal steps involved in getting you justice so that you can focus on grieving.

Compensation for Wrongful Death in Missouri

While no financial amount can fully replace the presence of a lost family member, compensation can alleviate some of the practical realities you and your loved ones must manage. You can recover both economic and non-economic damages in a Missouri wrongful death lawsuit. Economic damages are tangible, out-of-pocket expenses that your family incurs as a direct result of the wrongful death, while non-economic damages are more subjective and intangible, aiming to compensate for the emotional suffering endured by your family.

Our St. Louis wrongful death lawyers can fight to secure maximum compensation for all losses, including:

• The deceased’s final medical expenses
• Funeral and burial costs
• Lost income and benefits the deceased would have earned had they lived
• Pain and suffering experienced by the deceased before their death
• Loss of companionship, consortium, and guidance

When Are Punitive Damages Awarded?

Punitive damages are designed to not compensate the family of a wrongful death victim but instead punish the defendant and discourage similar behavior in the future. These damages are only typically awarded in cases where the defendant acted maliciously or especially egregiously. The state of Missouri also generally caps punitive damages at $500,000 or five times the total of economic and non-economic damages.