St. Louis Wrongful Death Lawyer
Request Free ConsultationAt The Floyd Law Firm, we help families seek justice and move forward after tragic and unexpected deaths. Our St. Louis wrongful death attorneys can guide your family through the legal process with personalized services and one-on-one attention. Contact us to start with a free initial case consultation.
No family ever anticipates losing a loved one in a traumatic accident. Unfortunately, this is the reality for dozens of families in Missouri each year. Many fatal accidents are caused by negligence, or the failure to use reasonable care.
How Our St. Louis Wrongful Death Attorneys Can Help
Handling a wrongful death claim may be too much to deal with while also trying to cope with the devastating loss of a loved one. You do not have to go through this alone. An experienced wrongful death lawyer in St. Louis can make the legal process simpler, more rewarding, and as stress-free as possible. Your attorney can provide legal advice that you can trust during this difficult time, as well as represent you during negotiations with an insurance company.
Hiring an attorney improves the chances of achieving a fair financial settlement, as an insurance company will not be able to take advantage of you or offer less than your family deserves. Even more importantly, your attorney can give your loved one a voice in the civil justice system. Our St. Louis wrongful death lawyer will work hard to hold one or more parties accountable for a preventable loss of life. Your family can benefit in many ways from having an attorney in your corner in the fight for justice.
Damages Available for a Wrongful Death Claim in St. Louis
A wrongful death claim aims to provide surviving family members or the deceased person’s estate with financial compensation to protect them from absorbing the cost of the death. This would be unfair to the decedent’s surviving relatives if someone else is responsible for causing the death. At The Floyd Law Firm, we fight for the maximum possible financial compensation on behalf of our clients for a loss as final and devastating as wrongful death. Available damages may include:
- Funeral and burial costs
- Final medical bills
- Wages and benefits that would have been earned
- The decedent’s pain and suffering
- The family’s grief and mental anguish
- Loss of companionship, comfort, and consortium
The potential value of a wrongful death claim depends on the circumstances, such as the age of the deceased person, the number of liable parties, and the insurance coverage available. When you hire a St. Louis wrongful death attorney, you can rest assured that every effort is being made to maximize your family’s financial recovery. While we know that no dollar amount could ever equal the life of your loved one, we also hope to make it easier for your family to plan for the future by achieving a fair financial settlement or judgment award.
Who Can File a Wrongful Death Claim in Missouri?
According to state law, the only parties eligible to file a wrongful death claim in Missouri are the deceased person’s surviving spouse, parent(s), child, or children, or – if the children are deceased – grandchildren.
If none of these parties exists or survives, second in line to file a wrongful death claim is a surviving sibling or his or her descendants. If there are no surviving siblings or nieces or nephews, the court will appoint a “plaintiff ad litem” to bring the claim. This is someone who must be requested by a person who is entitled to share in the proceeds of a wrongful death settlement or judgment award.
What Is the Deadline to File?
Under Missouri’s statute of limitations for a wrongful death case, a lawsuit must be brought within no more than three years of the date of death. With only rare exceptions, if a claim is not filed within this timeframe, the courts will dismiss the case and bar surviving family members from recovering financial compensation. This is why it is critical to contact an attorney as soon as possible after losing a loved one in a traumatic accident in St. Louis. If you wait too long, you could lose the right to hold someone accountable forever.
What Is Wrongful Death?
While every state has its own precise language defining wrongful death, it is typically a death caused by someone else’s wrongful, negligent, or reckless act. In general, if a reasonably prudent person would have been able to prevent the circumstances that caused the victim’s death, the person or party involved can be held financially responsible (liable) with a wrongful death claim.
Revisor of Missouri Section 537.080 states that if the circumstance surrounding the death of a person would have entitled him or her to recover damages had death not ensued, certain surviving family members or a representative can bring a legal action for wrongful death against the same person or party who would have been held liable in a personal injury claim.
Common Causes of Wrongful Death in St. Louis
Many different circumstances could give surviving family members grounds to pursue a wrongful death case in St. Louis, Missouri. State law has a broad definition of wrongful death: any act, conduct, occurrence, transaction, or circumstance which would have entitled the decedent to recover damages had death not ensued. This means your family may be able to file a lawsuit after many types of fatal accidents, including:
- Accidental poisoning
- Act of violence
- Catastrophic fall
- Construction accident
- Criminal act
- Defective product incident
- Dog attack
- Medical malpractice
- Motor vehicle collision
- Nursing home abuse or neglect
- Premises liability accident
- Truck accident
- Workplace accident
No matter what circumstances surround your loved one’s death, consult with our St. Louis wrongful death lawyers to find out if you have grounds for a wrongful death claim. If so, we can help you determine the cause of the fatal accident and identify the liable party or parties. From there, we can file legal paperwork to initiate a claim on your behalf before Missouri’s filing deadline. We can also search for and collect evidence to help you prove your case.
Contact Our St. Louis Wrongful Death Attorneys for More Information
At The Floyd Law Firm, we put family first. We are a father-son team of attorneys who understand the immense suffering caused by the death of a loved one. We are here to help you as much as possible during this difficult and emotional time. Learn more about your legal rights during a free case consultation with our St. Louis wrongful death lawyers. Call (314) 863-4114 or contact us online today for more information.