St. Louis Wrongful Death Lawyers – Free Case Review

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.

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 expertise, professionalism and compassion to help win your case – (314) 350-1900.

How an attorney can help with your wrongful death claim

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.

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:

• Thoroughly investigate your loved one’s death, gathering evidence to support your claim and identify potentially liable parties.
• Work with experts in a number of different disciplines to build our case for negligence.
• Handle all of the administrative and communication work associated with your case.
• Provide legal advice and guidance throughout the process, keeping you informed as your claim works through the process.

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. Call the attorneys at NGK Law today for a free case review – (314) 350-1900.

Can I file a wrongful death suit in Missouri?

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:

1. The surviving spouse or children
2. Surviving parents
3. Siblings
4. A personal representative of the estate
5. A “plaintiff ad litem” , which is a party appointed by a court to represent the interests of a decedent and who may have no other representative

If you are unsure about whether or not you are eligible to file a wrongful death claim, an attorney can help.

How do I prove negligence in a wrongful death claim?

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:

• Keeping a property free from hazards that could cause injury
• Proper maintenance of equipment
• Training employees on how to safely operate equipment
• Making sure employees are properly rested and sober

To prove negligence in your wrongful death claim, your attorney will have to prove two things.

1. Your attorney must prove that the defendant owed your loved one a duty of care. No matter if the defendant is an employer, equipment manufacturer, nurse, property owner or fellow driver, your attorney will have to show that the defendant had a legal responsibility to take reasonable steps to ensure your loved one’s safety.
2. Your attorney must prove that the defendant failed to honor the duty of care they owed your loved one, and that this failure led to your loved one’s death.

How much can I recover in a wrongful death claim?

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

Economic damages are those that can be quantified in terms of money. This can include:

• Medical bills
• Funeral expenses
• Burial expenses
• Lost income and benefits

Non-economic damages

Non-economic damages are those that cannot be easily quantified, such as:

• Mental anguish
• Loss of consortium
• Emotional distress

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.

Survival

These are damages suffered by the deceased prior to their death, as a result of the incident. This can include:

• Pain and suffering
• Lost time from work

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).

What is the statute of limitations for a wrongful death claim in Missouri?

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.

Work with the experienced St. Louis wrongful death attorneys at Niemeyer, Grebel and Kruse

Deciding whether or not to pursue a wrongful death case after losing a loved one is not an easy decision, and 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, the maximum amount of damages you can request and they will know how to to get results for you as quickly as possible.

When you work with the team at Niemeyer, Grebel and Kruse, you have experience and expertise on your side. Our team has two of 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 specialize in cases involving:

• Car accidents
• Truck accidents
• Construction site accidents
• Asbestos lung cancer
• Dangerous drugs and medical devices
• Premises liability
• Nursing home neglect

Contact the St. Louis wrongful death lawyers at NGK Law today for a free consultation – (314) 350-1900.