Losing a loved one because of someone else’s negligence is among the most painful experiences a family can endure. In St. Louis, Missouri, a wrongful death claim is how surviving family members can seek justice and financial relief when a death is caused by negligence or wrongful acts.
The journey to filing and pursuing a claim is emotionally and legally complex. Working with a skilled personal injury lawyer on your side, your family can pursue a wrongful death action with confidence. This article explains the process, the challenges, and the benefits of hiring a personal injury law firm for assistance.
Understanding What a Wrongful Death Claim Is in Missouri
A wrongful death claim is a civil lawsuit brought by the survivors of someone who died as a result of another person’s negligence. In Missouri, specific family members or the personal representative of the deceased’s estate may bring a wrongful death action.
Some of the key features of a wrongful death claim include:
- It is not a criminal case. This is a civil remedy. Even if criminal charges are filed, a wrongful death claim is separate.
- The claim seeks monetary compensation for losses suffered because of the death.
- Only certain parties, like close family or relatives, may file the lawsuit.
The first step in the process is determining whether your situation meets the legal definition of wrongful death. Once you and your attorney make this determination, you can begin the process of pursuing justice.
Who May File a Wrongful Death Claim in Missouri?
Not every family member can file a wrongful death action. Missouri law specifies the parties that have standing, including:
- The personal representative of the deceased’s estate is the primary party to bring the action.
- Surviving spouses, children, or heirs may seek damages for losses they suffered as a result of the wrongful death.
- If there is no personal representative, the next of kin may petition the court to be appointed.
Because strict rules govern representation and participation, having a lawyer early is critical. This will ensure your claim is properly filed, that your estate is represented, and that you do not lose your rights by procedural missteps.
Gather Evidence and Documentation To Build Your Case
A strong wrongful death claim depends on strong evidence. The more compelling and well-documented your case, the better your chances of holding responsible parties accountable and obtaining fair compensation.
Below are vital elements to collect:
- Accident or incident reports: Police reports, fire department reports, or OSHA records can be strong evidence.
- Medical and autopsy records: Hospital charts, treatment records, diagnostic tests, pathology or autopsy findings, and cause of death reports can bolster your claim.
- Witness statements: Testimony from people who saw the event or the lead-up can be compelling for your case.
- Photos, video, or surveillance footage: Imagery of the scene, vehicles, property, or surroundings can help prove liability.
- Financial records: Documentation of wages or support the deceased provided can help quantify your family’s losses.
- Expert reports: In many wrongful death cases, expert witnesses are needed to connect wrongdoing to death. This expert testimony can also help quantify future damages.
The lawyer’s job is to help your family preserve and assemble the evidence. You need assistance collecting evidence quickly because memories fade and critical records can vanish after someone dies.
Surviving the Prelitigation Phase and Settlement Negotiations
Not all wrongful death cases go to trial. Often, before litigation progresses, your lawyer will send a demand package to the at-fault party or their insurer. This package will present evidence, your demand for damages, and a deadline for response. Many defendants settle to avoid risk.
During this phase:
- The defendant’s insurer will investigate your allegations, request records, and may attempt to downplay liability or damage.
- The insurer may offer a lowball settlement, hoping grief or financial pressure will force acceptance.
- Your lawyer must negotiate firmly. Your position should be based on the evidence. Any settlement should reflect both past and future losses.
If a fair settlement isn’t forthcoming, your attorney should be prepared to advance your case to trial.
What Damages Are Available in a Wrongful Death Claim?
Your attorney will help you pursue a variety of damages, which may include:
- Medical expenses incurred before death
- Funeral and burial costs
- Compensation for loss of support from the deceased
- Loss of companionship or consortium
- Mental anguish, emotional distress, and grief
In especially egregious cases, punitive damages may be sought. These damages punish willful or malicious wrongdoing, but are not available in every case.
Contact a Personal Injury Lawyer for Help
If your family has lost a loved one due to someone else’s negligence in St. Louis, MO, it’s important to speak with a qualified personal injury attorney. A lawyer can guide you through the process of filing a wrongful death claim, protecting your rights, and seeking justice on behalf of your loved one.
While no amount of compensation can make up for your loss, holding the responsible party accountable can bring a sense of closure. Most attorneys offer free consultations to help you understand your legal options. For more information, contact the best personal injury lawyer in St. Louis, MO at Roach Law Car Accident Lawyers. We proudly serve all throughout Missouri, including St. Louis County, and we have offices in St. Louis, Chesterfield, Clayton, and Creve Coeur.
Roach Law Car Accident Lawyers – St. Louis Office
1010 Market Street, Suite 1605
St. Louis, Missouri
(636) 519-0085
Roach Law Car Accident Lawyers – Chesterfield Office
400 Chesterfield Center Suite 600
Chesterfield, MO 63017
(636) 999-9587
Roach Law Car Accident Lawyers – Creve Coeur Office
11628 Old Ballas Rd, Suite 320
Creve Coeur, MO 63141
(314) 557-2869
Roach Law Car Accident Lawyers – Clayton Office
7733 Forsyth Blvd, Suite 1100
Clayton, MO 63105
(314) 804-4569
