St. Louis Wrongful Death Lawyer

Every death is a tragedy for a decedent’s surviving family members. Not only would you need to deal with the immediate aftermath of the death such as arranging a funeral or paying outstanding medical bills, but you also need to make plans for the future and any loss of support that the death has thrust into your life.

While not every death may be the subject of a wrongful death claim for damages, certain legal situations do arise where another party is directly responsible for the loss of your loved one. In these situations, you may be able to pursue a wrongful death claim against an individual, company, or insurance companies.

A St. Louis County wrongful death lawyer could help you to pursue these claims to provide needed compensation for your family. A compassionate attorney could work to identify all possible defendants and demand all applicable damages needed to set things right.

How Mutrux Firm Can Help Settle Your Wrongful Death Case

Dealing with the loss of a loved one can be a difficult time. Not only are you mourning the loss, but you also have to take care of funeral arrangements and pay outstanding bills. At Mutrux Firm Injury Lawyers, we want to take the financial burden off of your shoulders. Your St. Louis wrongful death injury lawyers are here to help place liability on the party responsible for your loved one’s death.

When you trust the Mutrux Firm Injury Lawyers with your wrongful death case, you can expect the following from us:

  • Give you the best legal advice possible, which is especially crucial during this difficult time.
  • Investigate what led to the death, compensation, and put together evidence for a powerful case against the liable party.
  • Hire experts and receive eyewitness testimony.
  • If we can’t settle your case, we will not hesitate to fight for you in court. We will be with you, every step of the way.

We understand that this is a difficult time for you and your family. Therefore, we want to help you throughout the entire legal process, lifting this burden off of your shoulders. Get in touch with our St. Louis wrongful death lawyers today for a consultation.

When Would Someone File a Wrongful Death Suit?

A wrongful death claim is applicable when the facts of the case would have allowed the decedent to bring a personal injury claim had they survived the incident.

The plaintiff must show that a defendant’s negligence led to the incident that resulted in death. Of course, selecting a plaintiff is an important part of a wrongful death case. According to MO Statute §537.080(1), there is a strict hierarchy of people who have the right to demand compensation in a wrongful death suit. Normally, a surviving spouse or child must serve as a plaintiff. However, there are situations where a sibling or plaintiff ad litem may represent the decedent’s estate. A St. Louis County lawyer could help to determine whether a wrongful death lawsuit is appropriate and to select the proper plaintiff withstanding to bring the claim.

What are Some Recoverable Damages in a Wrongful Death Case?

The goal of a wrongful death claim is not just to demand payments for any outstanding costs associated with the incident, but also to make things right for the family’s future.

As a result, MO Statute §537.090 outlines the damages that juries in wrongful death cases may award a decedent’s family. Of course, these include all funeral costs and outstanding medical bills associated with treatment. Other damages a family could recover for may include:

  • Companionship
  • Comfort
  • Loss of guidance or instruction for children
  • Lost earning potential
  • Loss of services to a family

When recovering damages, it is essential to make accurate calculations when making demands for payments in both settlement talks and court proceedings. A St. Louis County wrongful death lawyer could help families to measure their losses and to demand appropriate payments as compensation for the loss of a loved one.

Purpose of Damages in a Wrongful Death Claim

Damages in St. Louis County wrongful death cases can include a variety of elements, and they are meant to provide financial security to the deceased person’s family and compensate them for the harms they have endured. If the case is not able to settle, it is ultimately up to the jury to decide the true value of a particular claim. They will take a number of factors into consideration to make this decision, such as:

  • The life expectancy of the decedent;
  • The lost earning capacity over the decedent’s life span;
  • The pain and suffering that the decedent may have experienced in the accident;
  • The overall grief and suffering of the surviving family members.

Who Is Eligible to File a Wrongful Death Claim in Missouri?

When deciding to file a wrongful death claim in St. Louis, you can file a claim if you are one of the following:

  • Next of kin, whether you are a spouse or children of your loved one.
  • Surviving parents are able to file a wrongful death lawsuit
  • Siblings can file if there is no spouse or children
  • The representative of the individual’s estate if no siblings are available.

Have you lost a loved one due to another’s negligence? Get in touch with our St. Louis wrongful death lawyers today to start your case.

st louis wrongful death lawyer

What Is a Wrongful Death Case Worth in St. Louis?

The value of your wrongful death case varies significantly due to aspects such as medical expenses and other damages. When you trust The Mutrux Firm Injury Lawyers, we will help you value your case and get you the compensation you deserve.

When valuing your case, there are a couple of damages that help determine the value of your claim, earnings, and non-economic losses.

There are quite a few aspects that go into valuing your wrongful death claim, including the individual’s health, life expectancy, and earning potential that they would have if they were alive.

When it comes to non-economic losses, valuing your case gets a little more difficult. In this case, we will put together a case displaying your loved one’s care and compassion and demeanor towards their family and others.

The Mutrux Firm Injury Lawyers will help you value your case, and help your build a compelling argument for on behalf of you and your loved one.

Settling a Wrongful Death Case in St. Louis

Typically, St. Louis wrongful death claims are settled far faster than other personal injury cases. However, determining whether or not to settle a wrongful death case out of court can be a difficult decision. In many instances, the negligent party only has a certain amount of insurance and assets that they can actually pay into the claim, so a settlement may make sense. However, in instances where the decedent has died because of the defendant’s criminal violations, such as a drunk driving accident, some family members may want to pursue a civil case against the negligent party to make a point.

Although this process can be very expensive and cost more money than can be recovered in some wrongful death cases, it is understandable why some family members may choose this route. This is a very personal choice that must be determined by each beneficiary on their own.

How are Wrongful Death Cases Handled Differently in St. Louis County than in Other Jurisdictions?

St. Louis County wrongful death cases operate differently than in other jurisdictions in several different ways. When it comes to valuing cases, the amount of compensation calculated in this county’s wrongful death cases is generally much higher than in many of the claims from the rural counties. However, cases in this area are still sometimes valued for less than a plaintiff deserves, which is why it is extremely important to have a skilled lawyer take the lead.

What Damages Am I Entitled To in a St. Louis Wrongful Death Claim?

When filing a wrongful death claim, you might be awarded various damages, including:

  • Funeral expenses
  • Medical expenses
  • Earning potential
  • Pain and suffering
  • Loss of consortium

However, it is important to note that there is a concept known as aggravating circumstances of the defendant. This places blame on the defendant for causes your loved one’s death due to their negligence.

When filing a wrongful death claim in Missouri, there is no limit on economic losses you can be awarded. However, non-economic damages caused by medical malpractice, which are limited to $350,000

Types of Wrongful Death Cases We Handle

At The Mutrux Firm Injury Lawyers, we handle many different types of wrongful death cases, such as:

  • Car, truck, and motorcycle accidents
  • Bicycle Accidents
  • Pedestrian accidents
  • Boat accidents
  • Premises Liability
  • Workplace injury
  • Medical malpractice
  • Nursing Home Neglect

These are the most common types of wrongful death cases we have handled thus far. Get in touch with our St. Louis wrongful death lawyers so we can handle your case, and get you the compensation you deserve.

Steps of the Claims Process

A wrongful death case can begin immediately after someone passes away due to another party’s negligent actions. Thorough investigations into the incident are the most significant first step of this multifaceted process. For instance, a plaintiff’s legal representation could begin examining an accident and a defendant’s insurance company will likely do the same.

Attorneys investigate wrongful deaths in different ways, depending on the type of accident in question. For example, a car crash investigation might involve obtaining police reports, examining video, collecting photographs, and recording witness statements. Meanwhile, a medical negligence case would involve interviewing family members or hospital staff and running detailed opposition research into the at-fault doctor. Finally, fatal premises liability cases might rely on detailed research into the property owner and the type of business they run. During the investigation stage, a proficient and diligent attorney in St. Louis could work hard to collect the best evidence possible, to strengthen their client’s wrongful death case.

After the investigation stage, both sides will present their arguments and a judge will reach a decision. A wrongful death case is completed once a judge signs off on an order approving either a settlement or a verdict in favor of the decedent’s family. If a court decides that a settlement is in the best interest of all parties, they will act to avoid a lawsuit and let a plaintiff collect reimbursement.

How Are Damages Calculated?

Money earned from a wrongful death settlement typically includes reimbursement for things like medical expenses, lost wages and loss of earning capacity, and sudden loss of companionship. These factors are calculated in different ways and often require expert testimony.

Medical or Funeral Expenses

These repayments are often the most straightforward to determine because an investigator could examine documents like medical bills or funeral expense statements to determine how much the family of a decedent needs to be reimbursed.

Lost Wages and Loss of Earning Capacity

These repayments can be more complicated since loss of income is often evaluated by a forensic accountant or an economist. Experts will usually analyze all relevant evidence and conduct interviews with the decedent’s family. Loss of future earning capacity, meanwhile, is calculated based on tables and algorithms. A forensic accountant would establish what the person made annually and then extrapolate that over time based upon the average lifespan of that person. A legal advocate could help retain the accountant or economist best fit for the job.

Loss of Companionship

Determining the value of loss of companionship damages to award is often one of the most difficult aspects of the wrongful death case process. When considering this type of compensation, experts typically look at a variety of factors that most people would not think to investigate. For example, it is important for the expert to find out how often the family members saw each other, what they did together, the life events that they shared, and day to day activities that involved the decedent. A compassionate attorney in St. Louis understands the impact that loss of companionship has on a family and could them incorporate this into their wrongful death case.

Proving Negligence for Your Wrongful Death Claim in Missouri

Proving negligence for your wrongful death claim can be difficult, as you need to prove that the defendant caused the death of your loved one. Furthermore, you must prove that if your loved one had lived, they would be eligible to file a personal injury claim.

To prove the defendant liable, we will collect evidence such as:

  • Medical records
  • Cell phone records
  • Vehicle data (if applicable)
  • Eyewitness testimony
  • Police Report
  • Photos and videos from the scene

As your wrongful death lawyer in St. Louis, we will do whatever it takes to get the evidence needed to prove your claim.

Loss of a Minor in Wrongful Death Cases

When it comes to the unexpected and unfair passing of a minor, there are some unique causes and factors that might not apply to a typical wrongful death case.

In many local claims, children suddenly pass away due to car crashes, gunshot wounds, swimming fatalities, electrocutions, or the lack of supervision at daycares or schools.

Preexisting Conditions and Negligence

In some wrongful death cases involving minors, a child might have passed away due to a tie between carelessness and pre-existing health conditions. For example, if a minor loses their life at daycare or school due to an allergic reaction that could have been prevented with proper care and attention, a legal advocate might be able to use this as evidence of negligent behavior and submit a claim.

Regardless of what contributed to the child’s death, these situations are tragic and deserve the attention of a legal advocate. Determining the exact cause of a minor’s wrongful death is a crucial part of collecting a money award, and a tenacious St. Louis County attorney could thoroughly investigate the accident in question.

Why is Compensation for the Wrongful Death of a Minor Unique?

One aspect that makes wrongful death cases involving minors stand out is that Missouri laws do not cap the available compensation. This means that a family could acquire substantial monetary damages after losing a child.

To begin determining the value of an award, legal representatives and courts might examine the life, income, and financial status of the minor who passed away. This would help them get a clear picture of what the individual’s life could have been like had they not passed away in the accident. Additionally, a family can usually collect money that recompensates them for their emotional suffering or reduced enjoyment of daily life.

A diligent lawyer in St. Louis County could oversee the damage award process to ensure that a grieving family collects the full extent of compensation they deserve. The wrongful death of a minor greatly impacts the rest of a family’s life, and a compassionate representative could fight to argue this in a claim.

Statute of Limitations for Wrongful Death in Missouri

In Missouri, you have three years from the date of death to file suit. However, it is critical to file the claim as soon as possible as your attorneys need time to gather evidence and assemble a compelling claim on your behalf.

Has your loved one been a victim of a wrongful death due to another’s negligence? Contact our experienced attorneys today!

Hire a St. Louis County Wrongful Death Attorney

An unexpected death would always throw a family into chaos and uncertainty. Not only would a family need to consider the immediate future, but they may also need to consider how their future may look. The loss of a primary earner in a family may also result in economic devastation as well as emotional trauma.
A St. Louis County wrongful death lawyer could help to represent the interests of your family in these cases. Whether the death was the result of an accident, a doctor error, or even a homicide, an at-fault party is liable to pay. This could include payments for medical costs, pain and suffering, and loss of companionship. Contact an attorney today to discuss your options.