St. Louis Wrongful Death Lawyers

Have you lost someone you love due to someone else’s actions? Call Burger Law’s Missouri wrongful death lawyers in St. Louis today at (314) 500-HURT or reach us online. We will walk you through the legal process and demand a complete recovery for you and your family.

Why Burger Law is The Best Option for Your Wrongful Death Case

• We have more than 100 years of combined litigation experience in St. Louis.
• We’ve recovered over $200 Million for our clients winning complex personal injury cases, including wrongful death cases in St. Louis, MO.
• Our legal team will review your case at NO CHARGE.
• NO FEE unless we’ve achieved success for you.

Our team has earned many distinctions and peer-reviewed awards for our work in civil litigation and trial work in Missouri. A few of the honors we have earned include the Multi-Million Dollar Advocates Forum and the Top 100 Trial Lawyer Award.

Once you hire Burger Law, we take care of everything – obtaining medical records, contacting doctors, tracking down evidence, negotiating with the insurance company, everything. We focus on your case while you focus on your recovery.

You deserve the expert representation of Burger Law’s wrongful death attorneys. Allow us to take this weight off of your shoulders as we take care of all aspects of your case. With decades of experience and millions of dollars won for our clients, you can be confident that we will do what it takes to hold the responsible parties accountable for their reckless actions and get you and your family the support you deserve. We will leave no stone unturned in proving their negligence, and we will not settle for anything less than the maximum recovery. Let the wrongful death lawyers of Burger Law bear the weight of your wrongful death claim by contacting us today.

Our firm is one of the most- and best-reviewed law firms in St. Louis, with a 4.9 Positive rating on Google and over 500 (and counting) five-star reviews, in addition to over 100 video reviews on our website and YouTube channel. We measure our success by the satisfaction of our clients.

“I’ve dedicated my entire life to helping our clients receive full compensation for their injuries.”

Schedule a free case evaluation here.

Gary Burger

Litigation attorney

Wrongful Death Cases We’ve Won

Burger Law’s Missouri wrongful death law firm based in St. Louis has a team of experienced litigators and trial lawyers on practice law and protecting the vulnerable and those who have experienced loss at the hands of others. We will fight to get you maximum compensation in any injury claim in Missouri, including the case types:

• Car Accident
• Bus Accident Attorney
• Motorcycle Crash Lawyer
• Trucking Accidents Lawyer
• Medical Malpractice Lawyer
• Hit and Run Accident Lawyer
• Spinal Cord Injuries Lawyer
• Construction Accident Attorney
• Personal Injury Lawyer

Here are some wrongful death cases we’ve won for our clients in St. Louis:

• $5,000,000 Settlement – Father Killed by Reckless Truck Driver: Attorney Gary Burger secured this settlement for the family of a man killed in a wrongful death case involving a tractor-trailer that ran a red light.
• $3 Million Judgment – Son Murdered by Pam Hupp: Attorney Gary Burger won the judgment for the mother of a murder victim in a wrongful death case against the convicted perpetrator.
• $2.5 Million Settlement for Father’s Fatal Car Accident: Attorney Gary Burger secured a wrongful death settlement for the daughters of a man killed in a car accident caused by a negligent driver under the influence.
  

Filing a Wrongful Death Claim in Missouri

Wrongful death suits can be filed under a myriad of circumstances. As long as a person is killed due to negligence or an intentional criminal act, most courts will hear a wrongful death case. Wrongful death claims are often filed in the wake of deaths caused by:

• Fatal automobile accidents
• Defective or dangerous products
• Medical malpractice
• Occupational accidents
• Maritime and offshore accidents
• Criminal activity

Even if a person is found not guilty by a criminal court, they can still be held financially responsible in civil court if a family chooses to file a wrongful death suit. This is because the burden of proof is not as great in civil court since the jury there can award monetary damages but cannot levy criminal charges.

Who Can File a Wrongful Death Suit in St. Louis?

Generally, only a family member can file a claim, but there are some exceptions. Missouri Revised Statute §537.080 lays out a series of certain groups of people who can file a wrongful death claim after someone’s death. These groups are listed in order of preference. In other words, if someone from the first group exists and has the capacity to file the claim, then they must do so. It is only if no one from the first group is available that someone from the second group can file. Likewise, someone from the third category can only file a wrongful death claim if nobody else from the first two groups is able to do so.

The groups of people who may file a wrongful death claim in Missouri are:

• The spouse, parent, or child of the decedent: If the decedent has an able husband, wife, parent, or child, then they will have to file the wrongful death suit. If the decedent’s children are deceased, then other direct descendants such as grandchildren may file.
• The siblings of the decedent: If the decedent has no living parents, spouses, children, or grandchildren, then their sibling can file a wrongful death claim. As in the first category, if the siblings to the decedent have passed away but they have direct descendants such as children or grandchildren, then the descendants of the decedent’s sibling may file.
• A court-appointed plaintiff ad litem: If no family members are living or able to make the claim, Missouri courts may appoint a special individual to represent the estate of the decedent. This person must be requested by somebody who would be entitled to receive a share of the compensation awarded if they were to be successful in the wrongful death suit.

An experienced lawyer in St. Louis can help establish liability in your case, protect you and your family from the company’s insurance agents, and recover a settlement for your damages in trial or with an out of court settlement.

Statute of Limitations for Wrongful Death Claims in Missouri

The wrongful death statute is different in all 50 states in the U.S., but most time limits for wrongful death claims are between 2-3 years after the accident. In Missouri, if someone is killed because another person broke the rules, Missouri Revised Statute 537.100 stipulates that the time limit for bringing a wrongful death claim is three years from the date of the victim’s death.

Compensation in Wrongful Death Cases

Type of damages in a wrongful death lawsuit

Missouri Law dictates what can be recovered from a wrongful death lawsuit in statute 537.090. Under Missouri Law, your family can recover a number of different damages. Damages are categorized as one of the following:

• Economic: expenses such as medical bills, treatment costs, funeral expenses and loss of income and benefits which are measurable dollar amounts
• Non-economic: other damages that are not quantified, such as mental anguish, loss of guidance and loss of companionship
• Survival: damages suffered by the victim due to the accident prior to their death, such as pain and suffering due to their fatal injuries

To collect the full damages you and your family are entitled to, you must find an experienced St. Louis wrongful death law firm you can trust. The Missouri wrongful death attorneys of Burger Law are committed to fighting for you and your family and bringing you a full financial recovery after your unspeakable loss.

We will not rest until we have helped you recover any applicable damages, including damages such as:

• Loss of income
• Reduced capacity for future income
• Loss of benefits
• Loss of companionship
• Loss of instruction to children
• Guidance
• Counseling
• Funeral Expenses
• Burial costs
• Medical expenses
• Treatment costs
• Pain and suffering
• Mental anguish

This list does not include all the damages and expenses a wrongful death claim will cover. We understand that your loved one’s passing is difficult. We want to help you and your family recieve all of the compensation and financial recovery that you deserve. Your family deserves to have their needs and their concerns met.

When you’re ready to talk, we can help. Call at (314) 500-HURT or contact our Wrongful Death Lawyers in St. Louis.

Is There a Damages Cap?

To understand the value of your claim and the total amount you are eligible to receive, you need a lawyer who is familiar with Missouri wrongful death cases like yours and can determine the total value of your damages, including the non-economic damages.

When calculating these damages, in most cases, there is no limit to the amount of damages you and your family can receive for the wrongful death of your loved one in Missouri. This means that your wrongful death attorney can demand the full value of all of your damages, regardless of the total.

The one exception is in wrongful death cases due to medical malpractice. In Missouri, there are damage caps for noneconomic damages in all medical malpractice cases, including wrongful death. The current policy, established by Missouri Statute 538.205, sets the current maximum value for non-economic damages in a medical malpractice-related wrongful death case at $787,671.

Regardless of the circumstances, you need to hire an experienced and dedicated wrongful death attorney from a reputable St. Louis law firm to fight for you and demand the full compensation to which you are entitled. Burger Law’s legal team will not rest until we get you the outcome you deserve.

Proving Liability in Wrongful Death Cases

A wrongful death suit is a civil claim in Missouri state courts. As the plaintiff in a wrongful death case, you must demonstrate that the defendant owed your loved one a duty of care, and prove that their negligence in that duty caused your loved one’s death. If these facts do not apply to your case or you fail to convince the defense or, if you go to trial, the judge and jury that these facts are present in your case, you will not be able to collect damages from the defendant.

In order to make sure your family has a legitimate claim, and for the best chances of winning a wrongful death suit and recovering damages for your claim, you need to talk to an experienced wrongful death lawyer in St. Louis right away. The lawyers of Burger Law are available and ready to help you and your family with your wrongful death claim today.

In proving your wrongful death case, you must prove the following facts are true:

• The defendant owed the decedent a duty of care. You must be able to prove that the person you are filing the suit against was expected to keep your loved one safe. In a car accident, it is automatically accepted that motorists owe their fellow road users a duty to drive safely and do their part to keep other drivers, passengers, and pedestrians from harm. In a medical situation, doctors, nurses, and other medical professionals are supposed to treat their patients as effectively as possible while doing as little harm as possible. Consumer product manufacturers are supposed to release products that have minimal risk to users, and any dangers in using the product should be adequately disclosed. Wrongful deaths happen in all kinds of situations, and your wrongful death lawyer will help you determine and prove the duty of care the defendant owed your loved one.
• The defendant breached this duty of care. The next fact you must establish is that the defendant, who was supposed to keep your loved one safe, did something that violated that responsibility. This is where negligence comes in. In a car accident, driving drunk, driving distracted, speeding, failing to follow traffic signals, failing to slow down or use headlights in poor weather conditions are all examples of failing to do their part to keep travelers around them safe. This violation could be an action, something the defendant did or, on the other hand, something the defendant failed to do.
• This breach of duty caused your loved one’s death. Now, you must prove fault. To have a wrongful death case, you have to prove that not only did the defendant do something to breach their duty of care, but that this negligent behavior actually caused the victim’s death. In some cases, this is more difficult to prove than in others. Your wrongful death attorney will likely consult and get testimony from experts like medical professionals or coroners who can determine the cause of the death and how certain conditions and injuries impact a person’s ability to survive. In some cases, the victim is killed immediately during the event, such as in a car accident where the victim is killed upon impact, while other times the victim suffers severe injuries and receives medical care but ultimately is not able to survive.
• The defendant’s negligence caused damages. Finally, to win your wrongful death claim, you as the plaintiff must show how the defendant’s behavior has affected you. Damages can be things like expenses (such as medical bills, funeral costs, and lost income from your family member’s wages) or abstract effects like pain and suffering, mental anguish, and loss of companionship and support. A skilled wrongful death lawyer will calculate the complete value of your damages and negotiate appropriate financial compensation on your behalf.

Burger Law’s wrongful death attorneys have experience in wrongful death cases like yours and know how to value your damages and negotiate an excellent recovery.

Who Can Be Held Liable for Wrongful Death in St. Louis Missouri?

Accidents do happen, but when they are avoidable, individuals and organizations can be held legally liable if they did not take reasonable steps to prevent the accident from occurring.

Wrongful death cases are frequently governed by a legal principle known as negligence. Individuals and organizations that do not take reasonable steps to ensure the safety of others are said to be negligent if their actions or inaction result in an accident.

Suing a Company or Manufacturer

If a loved one has been killed or diagnosed with a terminal illness after using a product, you need to establish a connection between their use of the product, their illness, and the company. Proving product liability requires the following pieces of evidence:

• Proof of purchase – copies of receipts or in workers’ compensation cases, invoice records from your employer.
• Injuries caused by the product – past and present medical records from a physician.
• The product’s defect – police and medical reports can prove that the accident was caused by the product’s defect and are strong pieces of evidence in product liability claims.
• Proper use – that you were using the product as intended and following the manufacturer’s instructions when using it.

How Can a St. Louis Wrongful Death Lawyer Can Help?

You only have one chance to make the person who ended your loved one’s life pay for what they have done and to receive monetary damages that alleviate your financial concerns for yourself and your family after the accident. To make sure you have the best chance of obtaining a full recovery, you need to find a skilled wrongful death attorney who has experience winning cases like yours.

There are many qualified wrongful death lawyers and law firms to choose from in St. Louis and the surrounding Missouri and Illinois areas. You will have to make the decision that is best for you and find the wrongful death lawyer you feel most comfortable with.

There are numerous benefits of hiring a wrongful death lawyer:

• Take the workload off of your plate. Rely on your wrongful death lawyer to handle all the administrative and other aspects of your case so you can focus on the things that matter to you. We have a fully staffed firm of legal professionals who can handle filing the proper paperwork, communicating with the defense and other parties involved, obtaining evidence to make your case and other clerical tasks.
• Know the value of your claim. As an experienced attorney who has been handling cases like yours for more than two decades, your Burger Law wrongful death lawyer in St. Louis knows how to properly calculate the value of your claim. Without this experience, it is next to impossible to understand the monetary value of damages like pain and suffering, mental anguish, and loss of support. Even when it comes to economic damages like medical bills and loss of income and benefits, your lawyer will make sure that every dollar is accounted for and that you and your family are demanding what your case is truly worth.
• Make your case. This is what you hire your lawyer to do. A strong wrongful death attorney in St. Louis is prepared to go to any lengths to make sure you get what you and your family deserve. This includes collecting evidence; presenting an argument for negligence, fault, and damages; negotiating a settlement with the defense; and taking your case to trial in front of a jury of your peers if necessary. The litigation and trial experience of your wrongful death lawyer greatly increases your chances of success in your wrongful death suit.
• Offer support and guidance. One of the most valuable things your lawyer can do for you is to simply be there for you and your family. We understand that this is an incredibly difficult time. You have lost someone you love suddenly and tragically, and now you have to deal with the legal process of your wrongful death suit. The St. Louis wrongful death attorneys of Burger Law take our responsibility of representing and counseling mourning families very seriously and we understand that sometimes what you need from us most is encouragement, a kind word, or a hand to hold. We are here for you. We can provide you with sound legal advice on your options and the best course of action to take and we can listen when you need to unload. The role of your wrongful death attorney is one we wear with honor.

Client Reviews

What our clients are saying about us

Juanita Matthews

Year of 2023

This law firm is absolutely amazing. They took on my case, when nobody else would! They fought hard for me when it seemed there was no hope. They kept me informed and always asked for my input before making decisions on my case. Gary puts himself into every case unlike most law firm owners. Gary and his team really care about every one of their clients, and fights hard to get you a fair settlement. They actually won my case out of court, and then reduced my fees to make sure I could get my car fixed and be able to get back to some normality. I would recommend Burger Law over and above any other firm! If you go somewhere else you aren’t getting the best!

Shaunda S.

7 months ago

I am very happy with the staff at Burger Law. I mostly worked with Michael Sheldon, and he did an amazing job. I trusted him completely with my case, and he did not disappoint. I would definitely recommend this team if your ever in need of good attorneys.

Emelia M.

3 months ago

Burger Law Firm is fantastic. Laura and Genevieve were so amazing and helpful throughout the entire process. They helped me with my personal injury case every step of the way and succeeded at getting me the results I desired.

Helen L.

a year ago

We had a great experience with Burger Law for representing us after a serious car accident. Truly impressed by how professional and supportive the entire team is. And, many thanks to Genavieve and Laura – you are amazing!

Judy M.

a year ago

They did an amazing job on my case! Communication with them was great!!! Kept me informed and in the loop with everything that was going on!!! Will definitely be the 1st ones I’ll call if ever I’m in another accident!!! Thank you very much!!!

Chelsea C.

5 months ago

Let me tell you something about Burger Law.. they are so attentive and kind. Jennifer is my savior!! I love the whole team!!! They are truly a miracle team!! I appreciate their business and would recommend it to others.

David D.

2 months ago

Absolutely the best law firm in the St. Louis area. No matter the size of your case you are treated as if you are the only client on the roster. Will explain anything thoroughly and they work around your availability. Very impressed and appreciative of the service.

Lisa B.

11 months ago

Gary and Casey took great care of me for 2.5 years as my lawsuit was finally settled. I feel he helped me achieve justice for me and my 4 children after their father died from medical malpractice and neglect. Thanks to Gary, my kids now have a great start to their college and adult lives. Thank you Gary and Casey, for fighting for us so hard at our most trying and difficult time in our lives thus far. Love and God bless from my family to yours!

View More Reviews on Google Maps and Yelp

Navigating Wrongful Death Lawsuits: Key Topics You Need to Know

• Can You Sue Someone’s Estate for Wrongful Death?
• How is a Settlement Determined in a Wrongful Death Claim?
• Wrongful Death vs Survival Action – What’s the Difference?
• Conscious Pain and Suffering – St. Louis Survival Action Lawyers
• Who can File a Wrongful Death Claim?
• Chances of Winning a Wrongful Death Suit
• Wrongful Death Settlement Factors

St. Louis and Missouri Wrongful Death Lawyer Videos

• How to Pursue A Wrongful Death Claim in Missouri
• How to Pursue A Wrongful Death Claim in Illinois
• LGBTQ Wrongful Death Claims
• $5 Million Wrongful Death Settlement
• Wrongful Death and Medical Malpractice Testimonial
• Do I Have a Wrongful Death Case in Illinois?
• Do I Have a Wrongful Death Claim Because of Overprescribed Opioids?
• Can I Sue for My Loved One’s Death?

Missouri Court Houses Near St. Louis

• 22nd Judicial Circuit of the State of Missouri
  
  St. Louis City Circuit Court Carnahan Courthouse
  10 N. Tucker Blvd.
  St. Louis, MO 63101
• 21st Judicial Circuit of the State of Missouri
  
  St. Louis County Circuit Court
  105 S. Central Ave.
  Clayton, MO 63105
• 11th Judicial Circuit of the State of Missouri
  
  St. Charles County Courthouse
  300 North 2nd St.
  St Charles Mo 63301
• 23rd Judicial Circuit of the State of Missouri
  
  Jefferson County Courthouse
  300 Main St.
  Hillsboro, MO 63050
• 42nd Judicial Circuit of the State of Missouri
  
  Crawford County Courthouse 111 3rd St.Steelville, MO 65565
• 45th Judicial Circuit of the State of Missouri
  
  Lincoln County Courthouse 201 Main St. Troy MO 63379
• 12th Judicial Circuit of the State of Missouri
  
  Warren County Courthouse 104 West Main Street Warrenton, MO 63383
• U.S. District Court, Eastern District of Missouri
  
  Thomas F. Eagleton Courthouse 111 S. 10th St. St. Louis MO 63102

Gary Burger

Founder | Injury Attorney
Gary Burger has dedicated his career to standing up against bullies. The founder and principal attorney of Burger Law | St. Louis Personal Injury Lawyer has helped hundreds of Missouri and Illinois individuals and families recover th …
Years of experience: 30 years
Location: St. Louis, MO

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