Wrongful Death Attorney in St. Louis, MO

Missouri law defines a “wrongful death” as a death that results “from any act, conduct, occurrence, transaction or circumstance which, if death had not ensued, would have entitled such person to recover damages in respect thereof.” The law allows you and your wrongful death attorney from Burger Law three years from the date of the death to file a wrongful death claim.

Wrongful death suits can be filed in a variety of situations. As long as a person is killed due to negligence or an intentional criminal act, your wrongful death attorney’s case will be heard in most courts. Wrongful death claims are often filed for:

• Automobile accidents
• Defective or dangerous products
• Medical malpractice
• Occupational accidents
• Boat accidents
• Criminal activity

How Do I Prove Negligence in a St. Louis Wrongful Death Claim?

Individuals and organizations can be held liable if they did not take necessary or reasonable steps to prevent an accident from happening. If a person or business fails to take these reasonable steps to ensure the safety of others, they could be found to be negligent if their actions or inactions result in an accident. Your St. Louis wrongful death lawyer will need to prove the person or business owed a duty of care to your deceased loved one and that:

• The person or business breached that duty of care.
• The breach directly caused the wrongful death.
• You have damages resulting from the wrongful death.

Who Can File a St. Louis Wrongful Death Claim?

Under Missouri Revised Statutes Section 537.080, only specific people are allowed to file a wrongful death lawsuit for someone's death. Also, only one wrongful death action may be brought for the death of any one person. The statute defines three classes of people as the decedent’s survivors and orders them by priority for bringing a Missouri wrongful death claim.

First priority is given to the immediate family members of the decedent, including:

• Spouse
• Children
• Parents
• Lineal descendants, such as grandchildren and great-grandchildren

If the decedent did not have any of the above or none of the above are alive or capable of making a legal claim, Missouri law allows the following to file:

• Siblings
• Decentands of siblings, such as nieces and nephews

As a last resort, and as stated in Missouri Revised Statutes Section 537.021, your St. Louis wrongful death attorney may have the court appoint a plaintiff ad litem to prosecute the wrongful death lawsuit. If there are no existing and capable family members that fall under the first two groups, another person may be able to represent the victim in a wrongful death claim. If you are not sure whether you are able to make a claim against someone after losing a loved one, speak to a St. Louis wrongful death attorney at Burger Law now.