St. Louis Wrongful Death Lawyer Helping Families Find a Way Forward
If someone you love died because of another person’s negligence or wrongful act in St. Louis, Missouri law may allow certain surviving family members to bring a wrongful death claim. A claim can investigate what caused the death, establish who was responsible and seek compensation for losses recognized under Missouri law.
Losing someone suddenly leaves you dealing with much more than a legal claim.
There may be questions about what happened. Bills and practical responsibilities don’t stop. An insurance company may begin investigating while your family is still trying to understand the loss itself. And the person who could have given the clearest account of what happened may no longer be here to do it.
That changes the way the case has to be investigated. At Roach Law, we work to reconstruct what happened from the evidence that remains the scene, vehicles, photographs, video, witnesses, records and expert analysis where necessary while helping families understand the legal decisions ahead of them.
You don’t need to know whether you have a wrongful death claim before speaking to us. We can listen to what happened, explain what Missouri law may allow and help you understand your options.
Talk to Roach Law About a Wrongful Death Claim
Meet the Attorney Behind Roach Law
Kevin Roach has practiced law since 2000 and represents people and families affected by serious and fatal accidents throughout Missouri.
Wrongful death cases require more than establishing that someone died because of another person’s actions. They can involve detailed questions about responsibility, evidence, the financial contribution the person would have made over their lifetime and the loss experienced by the people who depended on them.
Kevin and the Roach Law team approach those questions carefully, building each claim around the person who died, the people they left behind and the evidence available in that particular case.
- 20+ Years Handling Serious Missouri Injury Claims
- Hundreds of Millions Recovered for Clients
- Free Consultations
- No Fee Unless We Recover Compensation for You
Results From Wrongful Death Cases We’ve Handled
Every wrongful death case represents a family dealing with a loss that cannot be measured by a settlement. While past results cannot predict the outcome of another case, our experience includes helping families pursue accountability and compensation after fatal accidents in Missouri.
$1 Million Settlement — Fatal Randolph County Roadway Incident
In August 2024, we secured a $1 million wrongful death settlement arising from a fatal roadway incident on US Highway 24 in Randolph County. A vehicle with a towed unit was stopped partially off the roadway when a second vehicle struck the towed unit and an individual who was outside the stopped vehicle. Both individuals were pronounced deceased at the scene.
$100,000 Settlement — Fatal Drunk Driving Crash
In July 2026, we secured a $100,000 wrongful death settlement for the family of a passenger killed in a crash involving a drunk driver on private property. The driver lost control of the vehicle, struck a ditch and overturned. The at-fault driver was arrested on DWI charges involving serious physical injury and death.
Past results do not guarantee a similar outcome. Every case depends on its individual facts and circumstances.
How Can a St. Louis Wrongful Death Lawyer Help Your Family?
A St. Louis wrongful death lawyer can investigate how your loved one died, identify potentially responsible parties, preserve evidence, determine whether your family has the right to bring a claim and document the financial and personal losses resulting from the death.
Depending on the circumstances, that work may include:
- Investigating the accident or event that caused the death
- Obtaining police, incident or other official reports
- Preserving photographs, video and physical evidence
- Speaking with witnesses
- Reviewing medical and other relevant records
- Identifying individuals, businesses or other entities that may be responsible
- Examining available insurance coverage
- Working with accident reconstruction, medical, economic or other experts where necessary
- Documenting the person’s income, benefits and contributions to the household
- Establishing the services, support, guidance and companionship they provided
- Communicating with insurance companies
- Negotiating a potential settlement
- Preparing the case for litigation when necessary
For families, having an attorney handle these aspects of the claim can also mean having one less process to manage during an already difficult time.
What Is Considered Wrongful Death in Missouri?
Under Missouri law, a wrongful death claim may arise when a person dies because of conduct or circumstances that would have entitled them to recover damages if they had survived.
Put more simply, if your loved one could have brought a personal injury claim had they lived, certain eligible people may instead be able to bring a wrongful death claim after their death.
For example, if someone is killed in a collision caused by a negligent driver, the person could have pursued an injury claim had they survived. Their death may instead give certain eligible people the right to pursue a wrongful death claim under Missouri law.
Wrongful death is therefore not limited to one particular type of accident.
What matters is why the person died and whether another party can legally be held responsible for causing the death.
Who Can File a Wrongful Death Claim in Missouri?
Missouri law limits who may bring a wrongful death claim and places eligible claimants into statutory classes.
The first class includes:
- The deceased person’s spouse
- Children
- Surviving descendants of any deceased children
- The deceased person’s mother or father
If no one in that first class is entitled to bring the action, the claim may be brought by:
- A brother or sister of the deceased
- Certain descendants of a deceased brother or sister who can establish a right to recover wrongful death damages
If there is no eligible person in either of those classes, the court may appoint a plaintiff ad litem to pursue the claim on behalf of people entitled to share in the proceeds.
Missouri law also provides that only one wrongful death action may be brought against any one defendant for the death of one person.
Because several eligible relatives may fall within the same statutory class, determining who should bring the claim can require careful attention to the family’s circumstances.
Missouri law on who may file a wrongful death claim
When the Person Who Died Cannot Tell Us What Happened
One of the fundamental challenges in a wrongful death case is obvious but easy to overlook:
The person at the center of the case is no longer here to tell us what they saw, what they experienced or what happened immediately before their death.
That can make the evidence particularly important.
Depending on the circumstances, an investigation may look at:
- Photographs and video
- Dashcam or surveillance footage
- Vehicle damage
- Physical evidence from an accident scene
- Police and incident reports
- Witness accounts
- Electronic records
- Medical records
- Employment or business records
- Inspection or maintenance records
- Expert accident reconstruction
- Other evidence specific to the event
The other party or their insurer may have their own version of events.
Our job is not to fill the gaps with assumptions.
It is to find and examine the available evidence so that the person who died is represented by the clearest factual account we can build.
What Causes Wrongful Death in St. Louis?
Wrongful death claims can arise from many different circumstances in which another person’s or organization’s negligence or wrongful conduct causes a death.
Examples can include:
Motor Vehicle Accidents
Fatal crashes involving cars, commercial trucks, motorcycles, pedestrians or bicyclists may lead to wrongful death claims when another road user’s negligence caused the collision.
St. Louis Truck Accident Lawyer
St. Louis Motorcycle Accident Lawyer
Dangerous Property Conditions
Property owners and other responsible parties may potentially be liable when dangerous conditions or inadequate safety measures contribute to a fatal incident.
Defective Products
A manufacturer, distributor or another party may potentially be responsible when a defective product causes a fatal injury.
Workplace and Construction Accidents
Fatal workplace incidents can involve complex questions about employment law, workers’ compensation and potential third-party liability.
Medical Negligence
A death caused by negligent medical treatment may potentially result in a wrongful death claim, subject to the specific laws governing medical malpractice cases.
Intentional Acts
Wrongful death claims are not necessarily limited to accidents. Missouri’s wrongful death law can also apply to certain wrongful acts that cause a person’s death.
The legal issues, evidence and deadlines can differ significantly depending on how the death occurred.
How Do You Prove a Wrongful Death Claim in Missouri?
A wrongful death claim generally requires evidence establishing that another party’s legally wrongful conduct caused the person’s death and that the claimant has the right to recover damages under Missouri law.
The exact evidence depends on the circumstances.
In a fatal car crash, for example, evidence may include photographs, vehicle damage, witness statements, video footage and accident reconstruction.
A product-related death may require engineering or manufacturing evidence.
A fatal incident involving a business may involve policies, safety records, inspection reports or employee testimony.
The questions we are trying to answer are straightforward, even when the investigation is not:
What happened?
Why did it happen?
Who was responsible?
Did that conduct cause the death?
What has the death taken from the people Missouri law allows to bring the claim?
A strong claim answers those questions with evidence rather than assumption.
Who Can Be Held Responsible for a Wrongful Death?
Responsibility depends on what caused the death.
Potentially liable parties can include:
- Negligent drivers
- Commercial drivers
- Employers
- Trucking or transportation companies
- Property owners
- Businesses
- Contractors
- Manufacturers
- Medical providers
- Other individuals or organizations whose conduct caused or contributed to the death
There may be more than one responsible party.
For example, a fatal commercial truck accident could involve the truck driver, the motor carrier or another company responsible for maintenance or loading, depending on what caused the crash.
Identifying all potentially responsible parties is important because it helps establish how the death occurred, who may be legally accountable and what insurance or other resources may be available to satisfy a claim.
What Compensation Can Be Recovered in a Missouri Wrongful Death Claim?
Missouri law allows eligible claimants to seek compensation for specific financial and personal losses resulting from a wrongful death.
Depending on the circumstances, recoverable damages may include:
Financial Losses
This may include the income, benefits and other financial contributions the deceased person could reasonably have been expected to provide.
Funeral Expenses
Reasonable funeral expenses may be considered as part of a wrongful death claim.
Household and Caregiving Services
Missouri law recognizes that a person’s contribution to a household is not measured only by their paycheck.
The value of services the deceased provided may be recoverable. Where the deceased was not employed full time and was at least 50% responsible for caring for a minor, disabled person or person over age 65, Missouri law creates a rebuttable presumption valuing that care at 110% of the state average weekly wage.
Companionship, Guidance and Support
Damages may also account for the reasonable value of the consortium, companionship, comfort, instruction, guidance, counsel, training and support that eligible survivors have lost.
Injuries Suffered Before Death
Where a person survived for a period after being injured, the claim may also include certain damages they suffered between the injury and death that they could have recovered had they survived.
Missouri law does not separately award damages simply for the survivors’ grief or bereavement.
This is not about trying to put a price on someone’s life. It is about identifying the particular losses Missouri law recognizes and developing the evidence needed to establish them.
Missouri law on wrongful death damages
How Is a Wrongful Death Claim Valued?
There is no meaningful “average” wrongful death settlement that can tell a family what its particular case is worth.
Every claim is different.
Factors that may affect value include:
- The circumstances surrounding the death
- The strength of the liability evidence
- The person’s age
- Their health and life expectancy
- Income and employment history
- Expected future earnings and benefits
- Financial support provided to eligible survivors
- Household and caregiving services
- The nature of the relationship with eligible surviving family members
- Medical and other expenses associated with the fatal injury
- Available insurance coverage
- Whether responsibility is disputed
- Whether the case settles or proceeds through litigation
Some losses can be documented through bills, wage records and financial evidence.
Others require a much fuller understanding of who the person was and what role they played in the lives of the people left behind.
Average Wrongful Death Settlement
Can Shared Fault Affect a Missouri Wrongful Death Claim?
Yes.
If the person who died was partly responsible for the accident that caused their death, Missouri law allows the defendant to raise defenses that could have been raised against the deceased had they survived. Missouri courts have specifically recognized the deceased person’s comparative fault as one such defense.
As a result, the amount recoverable in a wrongful death claim may be reduced according to the share of fault attributed to the person who died.
That is one reason the investigation can be particularly important.
The person who died cannot respond when another driver, business or insurer claims they caused or contributed to the accident.
That does not mean the other party’s version should simply be accepted.
Photographs, video, witness accounts, physical evidence, electronic records and expert analysis can all help establish what actually happened.
Missouri law on defenses in wrongful death claims
What We’ve Learned From Handling Serious and Fatal Accident Claims
Every case is different, but serious injury and fatal accident claims repeatedly reinforce a few important lessons.
The First Version of Events May Not Be the Whole Story
Initial reports can be incomplete.
Further evidence may reveal something that wasn’t known at the scene, particularly when the person who died was unable to provide their account.
Evidence Can Disappear
Surveillance video can be overwritten. Vehicles can be repaired or destroyed. Physical conditions change. Witnesses become harder to locate.
Preserving important evidence early can make a significant difference to the investigation.
A Person’s Contribution Is Bigger Than Their Paycheck
Financial records matter, but they do not tell us everything about what someone contributed.
They may have cared for children, maintained the household, supported a spouse, helped family members or provided guidance that had no line item on a paycheck.
Understanding the claim means understanding the person.
Families Need Information, Not Pressure
You may not be ready to make major decisions immediately after someone dies.
Our role is to explain what needs attention now, what can wait and what options Missouri law gives you so that you can make informed decisions when you’re ready.
What Happens When Roach Law Handles a Wrongful Death Claim?
You do not need to arrive knowing how the legal process works.
We guide you through it one stage at a time.
We Listen
We start with what you know about what happened and learn about the person you’ve lost.
We Determine Who Can Bring the Claim
Missouri wrongful death law specifies who may file, so one of the first steps is identifying the appropriate claimant or claimants.
We Investigate
We identify and preserve available evidence, investigate what caused the death and determine who may be responsible.
We Document the Loss
We gather the financial, employment, medical and other evidence needed to understand the losses recognized under Missouri law.
We Deal With the Insurance Companies
We handle communications, present the claim and respond when responsibility or damages are disputed.
We Explain Your Options
If a settlement is offered, we’ll explain what it means. If litigation becomes necessary, we’ll explain that process too.
The goal is for you to understand what is happening without having to manage the legal claim yourself.
How Long Do You Have to File a Wrongful Death Lawsuit in Missouri?
Missouri generally requires a wrongful death lawsuit to be filed within three years after the wrongful death cause of action accrues.
Different rules or exceptions may affect the deadline in particular circumstances, so the applicable time limit should be assessed based on the specific case.
Even where the deadline appears to be years away, waiting can make a claim harder to investigate.
Video may disappear. Witnesses can become difficult to locate. Records may become harder to obtain and physical evidence can change or be lost.
Speaking with an attorney early does not mean you need to decide immediately whether to file a lawsuit. It can simply help you understand the deadline and preserve important evidence while you consider what comes next.
Missouri wrongful death statute of limitations
Frequently Asked Questions About Wrongful Death Claims in Missouri
Is Wrongful Death the Same as a Criminal Case?
No.
A wrongful death lawsuit is a civil claim. A criminal prosecution is brought by the government and serves a different legal purpose.
In some circumstances, the same death can result in both criminal proceedings and a separate civil wrongful death action.
Do I Need a Lawyer to File a Wrongful Death Claim?
Wrongful death claims can involve detailed questions about who has the legal right to file, liability, evidence, damages, insurance coverage and statutory deadlines.
Speaking with a lawyer can help you understand those issues and determine what steps may be appropriate in your circumstances.
Can More Than One Family Member Bring a Wrongful Death Claim?
Missouri law establishes particular classes of people who may bring a wrongful death action and rules governing who may pursue the claim.
Missouri law on who may file a wrongful death claim
If several eligible family members survive, it is important to determine how the statutory rules apply to that particular family before a claim is filed.
What if My Loved One Was Partly Responsible for the Accident?
Partial responsibility does not necessarily eliminate a wrongful death claim.
Missouri’s comparative-fault rules may reduce the amount recoverable according to the share of responsibility assigned to the person who died.
What if My Loved One Died Some Time After the Accident?
A wrongful death claim can potentially arise when a person initially survives an injury but later dies as a result of it.
Causation becomes important: the evidence must connect the death to the injury or wrongful conduct giving rise to the claim.
Missouri generally requires a wrongful death lawsuit to be filed within three years after the wrongful death cause of action accrues, subject to the applicable statute and any exceptions.
What Is the Average Wrongful Death Settlement in Missouri?
There is no reliable average capable of predicting an individual wrongful death settlement.
The value depends on the facts of the case, the losses recognized under Missouri law, the available evidence, disputed fault, insurance coverage and other case-specific factors.
How Much Does a Wrongful Death Lawyer Cost?
Roach Law handles wrongful death cases on a contingency-fee basis.
There is no upfront attorney fee. The firm’s attorney fee is paid from a recovery if compensation is obtained.
If there is no recovery, you do not owe an attorney fee.
How Long Does a Wrongful Death Case Take?
There is no single timeline.
A claim with clear liability may progress differently from one involving disputed fault, multiple responsible parties, complex damages or litigation.
We can explain what is happening at each stage and what may affect the timeline in your particular case.
Learn More About Wrongful Death and Serious Accident Claims in Missouri
If you’re trying to understand your family’s rights or what may happen next, these Roach Law resources may help.
Average Wrongful Death Settlement
Learn why wrongful death claims cannot reliably be reduced to an average and what factors can affect their value.
How to Prove a Wrongful Death Claim
Learn more about the evidence that may be used to establish responsibility and damages.
Steps for Filing a Wrongful Death Claim
Understand the basic process involved in pursuing a Missouri wrongful death claim.
Who Could Be at Fault for My Loved One’s Wrongful Death?
Learn how responsibility may extend beyond one individual depending on what caused the death.
St. Louis Car Accident Lawyer
Learn how fault, evidence, insurance and compensation are addressed after a serious Missouri car accident.
St. Louis Truck Accident Lawyer
Learn why fatal and serious commercial truck crashes can involve multiple potentially responsible parties and additional evidence.
You Don’t Have to Have All the Answers Before You Call
After someone dies unexpectedly, there can be pressure to deal with things you weren’t prepared to deal with.
A legal claim may be one of them.
You don’t need to know who was responsible. You don’t need to know whether you are eligible to file. And you don’t need to decide today whether you want to pursue a lawsuit.
You can start by telling us what happened.
At Roach Law, we’ll listen, explain what Missouri law may allow and help you understand the decisions ahead of you.
If you have lost someone because of another person’s negligence or wrongful conduct in St. Louis or elsewhere in Missouri, contact us for a free, no-obligation case review.