Losing a loved one due to someone else’s negligence or intentional wrongdoing in St. Louis, Missouri, is unbearable. As you and your family seek to process what happened, you shouldn’t have to go through it alone. Our compassionate St. Louis wrongful death lawyers can help you navigate this unimaginable time.
Contact Eason Car Accident and Personal Injury Lawyers today at (314) 932 – 1066 to schedule a free consultation with a St. Louis wrongful death lawyer and learn more about your legal options in St. Louis, MO.
How Eason Car Accident and Personal Injury Lawyers Can Help With a Wrongful Death Claim in St. Louis
Our dedicated legal team has remained committed to helping families get justice after losing loved ones since opening our law office 18 years ago. In doing so, we’ve recovered millions of dollars in compensation for our clients. Using our 21 years of combined experience; we are prepared to fight for the compensation your family needs as well.
If you are dealing with the wrongful death of a loved one, the St. Louis personal injury lawyers at Eason Car Accident and Personal Injury Lawyers are here to guide you every step of the way.
When you hire our St. Louis personal injury attorneys to help with your case, you can expect us to do the following:
- Thoroughly investigate your claim
- Discuss your legal options
- Provide sound legal advice
- Handle communications with insurance adjusters
- Gather relevant evidence
- Consult with experts
- Combat claims that your loved one was at fault
- Negotiate for a fair settlement agreement on your behalf
- Represent you at trial if necessary
Reach out to our law office in St. Louis, MO, to schedule a free consultation with an experienced St. Louis wrongful death lawyer to learn more about how we can help with your case.
How Common Are Wrongful Deaths in Missouri?
Unfortunately, fatal injuries occur far too often. In 2023, there were 87 workplace fatalities and 33 fatalities in work zones throughout Missouri. There were also 950 crash fatalities in 2024 and 991 in 2023. Additionally, 137 people died in accidents involving commercial vehicles.
What Is a Wrongful Death Claim in Missouri?
In Missouri, a wrongful death claim may be brought if the death of a person occurs as a result of an act, conduct, occurrence, transaction, or circumstance that would have entitled the person to recover damages had they not died.
Wrongful death claims frequently arise as a result of the following types of accidents:
- Bus accidents
- Car accidents
- Commercial vehicle accidents
- Construction accidents
- Motorcycle accidents
- Pedestrian accidents
- Truck accidents
If your loved one died as a result of an accident or injury caused by someone else, a wrongful death claim allows the at-fault party to be held liable for damages.
What Is the Difference Between Wrongful Death Cases and Criminal Cases?
Wrongful death cases are civil and allow surviving family members to recover monetary damages after losing a loved one due to an at-fault party’s negligent or wrongful conduct.
In criminal cases, defendants face fines and imprisonment. These cases are brought by a prosecutor on behalf of the government.
In Missouri, you can file a wrongful death lawsuit even if the person accused of killing your loved one is found not guilty in criminal court. You can also bring a claim even if the potentially at-fault individual was not charged with a crime at all.
Additionally, it is important to note that the burden of proof differs depending on whether it is a civil or criminal case. In criminal cases, the prosecution must prove guilt beyond a reasonable doubt. In civil cases, a plaintiff must only prove liability by a preponderance of the evidence, meaning that it is more likely than not the defendant is responsible for your loved one’s death.
Who Can File a Wrongful Death Claim in Missouri?
A spouse or children can bring a wrongful death lawsuit in Missouri. Parents can also bring a claim if there is no surviving spouse or children. If there are no surviving parents, a brother or sister can bring a claim. If there are no qualifying relatives, the court may appoint a representative to file the lawsuit.
If you are wondering whether you may be able to bring a wrongful death claim, it is essential to speak with a personal injury attorney as soon as possible. We can discuss your options and how best to proceed.
What Damages Can I Recover in a Wrongful Death Claim in St. Louis, MO?
The compensation you receive after the wrongful death of your loved one can be essential to your family during an unbelievably difficult time. Your family may be entitled to economic damages for your financial losses and non-economic damages for the emotional suffering you endure.
Economic damages sought in wrongful death cases often include the following:
- Medical expenses
- Lost income
- Funeral and burial expenses
Non-economic damages after a wrongful death may include the following:
- Pain and suffering
- Loss of consortium
- Emotional distress
In rare instances, punitive damages can be awarded at trial if it is proven that the defendant intentionally harmed your loved one without just cause or acted with a deliberate and flagrant disregard for others.
Our skilled legal team can assess the extent of the damages suffered and pursue the full compensation your family deserves.
How Do I Prove Negligence After a Wrongful Death in Missouri?
Many wrongful death cases arise as a result of negligence. This means that you typically must prove that the at-fault party acted negligently before you can recover compensation.
To establish negligence, you must prove the following elements by a preponderance of the evidence:
- A duty of care was owed
- The duty of care was breached
- The breach of duty caused the death
- Damages were suffered
The following evidence is often used to prove that negligence occurred:
- Medical records
- Bills
- Receipts
- Invoices
- Financial documents
- Photos
- Videos
- Surveillance footage
- Police reports
- Expert witness testimony
- Witness statements
A seasoned attorney can help you gather relevant evidence to strengthen your claim and pursue justice.
Who May Be Liable for a Wrongful Death?
Anyone who contributes to the wrongful death of another can be held liable for damages, including the following parties:
- Drivers
- Passengers
- Government entities
- Business owners
- Medical professionals
- Pedestrians
- Manufacturers
- Employers of negligent employees
- Trucking companies
- Property owners and operators
- Bicyclists
- Truck drivers
- Motorcycle riders
An experienced legal team can investigate the cause of your family member’s wrongful death, identify the at-fault party, and seek full and fair compensation on your family’s behalf.
Can I Recover Compensation If My Loved One Is Being Blamed?
If your loved one is being blamed for their death, you may still be able to recover compensation. Missouri is a pure comparative negligence state that allows you to recover damages as long as your loved one is not fully responsible for what occurred. However, the compensation you receive will be reduced in proportion to the blame assigned to your loved one. For example, if damages are valued at $100,000 and your loved one is found 40% responsible, you may only recover 60% or $60,000 in compensation.
Allegations of comparative fault can significantly impact your ability to recover full compensation. A qualified wrongful death attorney can combat claims that your loved one is to blame and pursue the just compensation you deserve.
How Much Does It Cost to Hire a Wrongful Death Lawyer?
Most wrongful death lawyers in Missouri work on a contingency fee basis. This fee arrangement allows you to secure the compassionate legal services you need without having to take on the financial risk of upfront legal fees. Instead, you only pay attorney’s fees if you win compensation through a settlement agreement or trial award.
If your family loses the case, you are not required to pay legal fees. If you win the case, the attorney receives an agreed-upon percentage of your overall compensation.
Reach out to our law office today to schedule a free consultation and learn more about our contingency fee arrangements for wrongful death cases.
How Long Do I Have to File a Wrongful Death Lawsuit in Missouri?
If you lose a loved one, you only have three years to bring a wrongful death lawsuit in Missouri. If you fail to file a claim before the statute of limitations expires, you can be barred from recovering compensation entirely.
As you deal with the tragic loss of a loved one, it can be nearly impossible to keep track of critical deadlines in your case. An experienced St. Louis wrongful death lawyer can work to ensure you don’t lose the opportunity to recover much-needed compensation.
Contact Our St. Louis Wrongful Death Lawyers for a Free Consultation
After losing a loved one due to negligence or intentional wrongdoing, you need compassionate guidance and support. Eason Car Accident and Personal Injury Lawyers can help your family navigate the wrongful death claims process in St. Louis, MO.
Contact our law office today for a free consultation with a dedicated St. Louis wrongful death lawyer.