Dealing with the death of a loved one is never easy, and it can be especially difficult when another person was responsible for your loved one’s death.
The law defines “wrongful death” as cases in which a person is killed due to the negligence or intentional actions of another party. This can include accidents, car crashes, nursing home neglect, medical malpractice, and more.
The family of the deceased has the right in wrongful death cases to seek monetary damages from the person or organization who caused their loved one’s death. This allows the family to achieve some justice in a tragic situation, and it provides some financial security in an uncertain time.
Losing a loved one can be devastating. The emotional void that they leave behind is impossible to fill, and we have to process and grieve their loss. This can be even more difficult to process when your loved one’s death was caused by another person’s negligence, and even more difficult still if you or someone else relied on your loved one for financial support.
Where should you turn?
Filing a wrongful death claim is often the best way to get justice for your loved one and hold the responsible party accountable.
There are many things to consider with a wrongful death claim, such as the statute of limitations, the evidence you’ll need to prove your case, and the damages you might be able to recover. This is where it can be so helpful to work together with an experienced wrongful death attorney in St. Louis.
Your attorney will carefully review the facts and evidence of your case with you and they will advise you on the best route forward. Depending on how your wrongful death claim unfolds, your attorney will handle the “heavy lifting” in your case, from court filings to investigations, hearings, negotiations, and communication with opposing attorneys and insurance companies.
When you work with the wrongful death lawyers at Niemeyer, Grebel and Kruse, we will:
We all deserve time and space to grieve after losing someone, but mortgages, car payments, groceries, and utilities still need to get paid.
Your attorney will handle the fight to recover compensation from your loved one’s death, allowing you to focus on healing.
St. Louis, as with any large urban area, sees wrongful death incidents resulting from a variety of circumstances. Traffic accidents remain a leading cause, often stemming from reckless driving or intoxicated motorists. The city’s major highways such as I-70 and I-44 are frequently the sites of such tragic events, emphasizing the need for vigilant driving and adherence to road safety laws.
Apart from traffic-related incidents, wrongful deaths can also arise from workplace accidents, particularly in construction sites. St. Louis, experiencing regeneration and development, hosts numerous construction projects where safety regulations must be diligently followed. Medical malpractice within local healthcare facilities and nursing home neglect are other significant contributors, highlighting the importance of thorough oversight and care standards in healthcare and eldercare settings. Understanding these local risk factors can aid individuals and families in taking preventative measures and knowing when to seek legal guidance.
Under Missouri Revised Statutes Section 537.080, a “wrongful death” occurs when someone dies due to the conduct, neglect, or wrongful act of another person.
When there is a wrongful death, surviving family members might be eligible to bring a wrongful death claim against the negligent or at-fault party.
Missouri law allows the following parties to file wrongful death lawsuits, giving preference in this order:
If you are unsure about whether or not you are eligible to file a wrongful death claim, an attorney can help.
Accidents happen, but when they are avoidable, individuals and organizations can be held legally responsible if they didn’t take reasonable steps to prevent the accident from happening.
The “duty of care” is a legal obligation that one party has to another to ensure that they do not cause harm. Some examples of duty of care are:
To prove negligence in your wrongful death claim, your attorney will have to prove two things.
Missouri does not cap payouts in most wrongful death claims. This means that there is no maximum amount you can recover, and indeed, claims can be worth anything from $10,000 to millions, depending on the circumstances of the case.
Surviving family members are eligible to collect compensation in three categories of damages: Economic damages, non-economic damages, and survival damages.
Economic damages are those that can be quantified in terms of money. This can include:
Non-economic damages are those that cannot be easily quantified, such as:
These damages might be harder to quantify, but they are still incredibly important to a family who has lost a loved one. Compensation for these damages can help to achieve a level of justice for losing their loved one.
These are damages suffered by the deceased prior to their death, as a result of the incident. This can include:
As we mentioned above, Missouri does not cap payouts in most wrongful death claims. The one exception to this rule is wrongful death cases as a result of medical malpractice. In these cases, non-economic damages are limited to $787,671 (as of 2022).
If you have lost a loved one and another person might be responsible, contact the St. Louis wrongful death attorneys at Niemeyer, Grebel and Kruse today. With decades of experience on our team, we have the legal knowledge, professionalism, and compassion to help fight for the outcome you deserve – 314-241-1919
Deciding whether or not to pursue a wrongful death case after losing a loved one is not an easy decision, but if you do decide to pursue your claim, you need to know that your law firm has what it takes to get you the maximum possible compensation.
When interviewing attorneys, select a team that has a proven track record of success in cases like yours. An experienced legal team will know the evidence to look for in your case and the maximum amount of damages you can request, and they will know how to get results for you as quickly as possible.
When you work with the team at Niemeyer, Grebel, and Kruse, you have experience and legal acumen on your side. Our team has two on the 2022 list of Best Lawyers as well as a Top 50 and Top 100 lawyer in the area of plaintiff’s personal injury by Super Lawyers Magazine.
We handle cases involving:
If you have lost a loved one because of another person’s negligence, you don’t have to face this difficult time alone. At NGK Law Firm, our St. Louis wrongful death lawyer is ready to help you seek justice and the compensation your family deserves. We understand the emotional and financial toll of losing a loved one, and we are dedicated to guiding you through the legal process with care and dedication.
Yes, many wrongful death claims in Missouri are resolved through settlements outside of court. A settlement can often provide a quicker resolution and reduce the emotional stress of going through a lengthy trial. However, if a fair settlement cannot be reached, the case may proceed to trial. Working with an experienced wrongful death attorney can help families navigate settlement negotiations and ensure their rights are protected during the process.
In Missouri, a wrongful death claim compensates the surviving family members for their losses due to the death of their loved one, such as financial support and emotional suffering. A survival action, on the other hand, is brought by the deceased person’s estate and seeks compensation for the pain, suffering, and expenses that the deceased experienced before their death, like medical bills or lost wages. These two claims can sometimes be pursued simultaneously, allowing families to seek broader compensation.
In Missouri, only one wrongful death claim can be filed for the deceased. However, multiple family members who are eligible to bring the claim can be named in the lawsuit together. If there are disagreements about who should represent the family in the case, the court may appoint a representative to act on behalf of all eligible family members. This ensures that all parties with legal standing are included in the process and that any settlement or award is distributed fairly.
Missouri follows a “pure comparative fault” system, meaning that if the deceased was partially at fault for the accident, the damages awarded would be reduced by their percentage of fault. For example, if the deceased was found to be 30% at fault for a car accident that led to their death, the compensation awarded to the family would be reduced by 30%. However, the family can still recover damages even if the deceased played a role in the events leading to their death.
In Missouri, the statute of limitations for a wrongful death claim is three years. This means that you have three years from the date of your loved one’s death to file a lawsuit.
However, the wheels of the legal system move slowly, and there are many factors that can affect the timeline of a wrongful death case, so it is important to speak with an attorney as soon as possible if you feel you might have a case.
If you are facing the tragic circumstance of a loved one’s wrongful death, immediate steps should be taken to protect your rights and begin the legal process. First, it is vital to secure all available documentation related to the incident, including police reports, accident reconstructions, medical records, and eyewitness statements. This initial evidence collection is essential in building a strong legal case and should be completed as soon as possible following the incident.
Secondly, contacting a wrongful death attorney should be a priority. A legal professional experienced in wrongful death claims can provide guidance on the next steps and begin conducting a more comprehensive investigation to gather additional evidence that may not be easily accessible to you. They can also help you understand the potential compensation applicable under Missouri laws specific to wrongful death cases. Engaging an attorney early can help ease some of the burdens you face during this difficult time, allowing you to focus on grieving and memorializing your loved one.
You may have a wrongful death claim if a loved one passed away because of another party’s negligence, recklessness, or intentional misconduct. In general, wrongful death cases are based on the idea that if the deceased person had had the right to file a personal injury lawsuit had they survived, their surviving family members may have the right to bring a wrongful death claim.
Some signs that you may have a valid wrongful death claim include:
The death was caused by another person’s careless, reckless, or intentional actions, such as a car accident, medical malpractice, workplace accident, or violent act.
The death resulted in measurable damages for surviving family members, such as medical bills, funeral expenses, loss of financial support, and loss of companionship.
You have legal standing to bring the claim. Typically, this includes immediate family members, such as spouses, children, or parents; however, eligibility may vary by state law.
There is evidence showing that the other party’s conduct directly contributed to or caused your loved one’s death.
Because wrongful death laws vary from state to state, the best way to determine the specifics is to consult an experienced wrongful death attorney. They can review the circumstances, explain your rights, and determine whether you have a strong claim.
Our attorneys have handled thousands of cases and can bring that experience to bear throughout your case.
We have successfully recovered over $700 million for our clients.
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Our team is available 24/7 to address your concerns and provide support.
Trust us to get you through the frustrating process of seeking compensation with empathy, respect, and dedication.
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