St. Louis Wrongful Death Lawyers

St. Louis Wrongful Death Lawyer

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.

The loss of a loved one is immeasurable. That loss is more difficult when it is caused by the needless negligence of another person or company. The damages families suffer from the unexpected loss of life and the void it creates is huge–not to mention the financial burden of loss of income, funeral costs, supporting your family and other expenses that can quickly become overwhelming. With only one chance at getting a recovery from the responsible party, it is important to find a knowledgeable and compassionate wrongful death lawyer with a tremendous track record in these claims to guide your family. We can win your wrongful death case and at least provide financial resources for the family and loved ones left behind. Call one of our wrongful death lawyers for free at (314) 500-HURT or online to share your story and discover how our experienced wrongful death lawyers in Missouri and Illinois can help you and your family recover.

Burger Law’s wrongful death lawyers in St. Louis have decades of proven experience in wrongful death claims and have helped many surviving family members throughout Missouri and Illinois get compensation to alleviate the pressure and uncertainty they face in the wake of a loved one’s death. We have won wrongful death cases that come from all kinds of circumstances:

• Auto accidents, such as:
  • Car accidents
  • Truck accidents
  • Motorcycle accidents
  • Bus accidents
  • Bicycle accidents
  • Pedestrian accidents
• Product liability and defective products
• Medical malpractice, including:
  • Misdiagnosis and failure to diagnose
  • Nursing home negligence and abuse
  • Birth injuries
  • Hospital system failures
  • Inadequate suicide assessments and precautions
  • Patient abandonment
  • Medication errors
  • Overprescribed opioids
• Premises liability and slip and falls
• Construction site accidents
• Being exposed to hazardous waste sites

Consoling and advising family members of wrongful death victims is one of our most delicate responsibilities and one that we take very seriously. We treat you with dignity and give you our pledge to provide you with our best guidance and fiercest dedication as we pursue your claim in honor of your loved one.

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. Call (314) 500-HURT or reach out online to discuss your case with an attorney for free.

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

Gary Burger

Litigation attorney

What Damages Can I Recover in a St. Louis Wrongful Death Claim?

After the death of a loved one, surviving family members can struggle to remain afloat financially. Medical bills and funeral costs may be overwhelming and families can find it difficult to make ends meet after losing a major source of income. To make matters worse, dependents of the deceased person may lose access to inheritance or college funds that would have remained theirs if their caretaker was still alive.

If the family of a deceased individual fails to file a wrongful death suit, they will be responsible for covering the previously mentioned expenses with their own money, which may not be enough. Fortunately, a strong wrongful death claim headed by a seasoned wrongful death attorney may have a strong chance of recovering some of these costs as damages. Burger Law’s experienced wrongful death lawyers are dedicated to answering your questions and supporting you during your entire case. Learn more about what damages you can recoverin a wrongful death suit and how much money you could receive here.

What Can We Recover in Our Wrongful Death Claim in St. Louis?

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:

1. Economic: expenses such as medical bills, treatment costs, funeral expenses and loss of income and benefits which are measurable dollar amounts
2. Non-economic: other damages that are not quantified, such as mental anguish, loss of guidance and loss of companionship
3. 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 (314) 500-HURT or contact our Wrongful Death Lawyers in St. Louis.

Is There a Damages Cap in Missouri Wrongful Death Claims?

To understand the value of your claim and the total amount you are eligible to receive, you need a Missouri wrongful death 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, you may be wondering if there is a maximum amount of damages allowed in a St. Louis or Missouri wrongful death case. 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 for the year 2022.

Regardless of the circumstances that caused the wrongful death of your loved one, 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. Discuss your wrongful death case with one of our wrongful death lawyers for free at (314) 500-HURT.

How Can I Prove My Wrongful Death Claim in St. Louis?

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:

1. 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.
2. 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.
3. 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.
4. 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.

Will My Family’s Wrongful Death Case Have to Go to Trial in St. Louis?

Most personal injury and wrongful death cases are settled out of court, but several situations can make going to trial a wise decision. For example, if the negligent party is solely at fault, but the insurance company won’t acknowledge the policyholder’s fault, taking the case to trial allows the judge and jury to decide if damages should be awarded for expenses associated with the victim’s death. While this can ensure that you recover compensation for your family member’s wrongful death, taking a case to trial can be expensive, and often takes longer than cases that don’t go to trial to recover a satisfactory settlement.

Depending on the circumstances of your family member’s death, who the negligent party is, and if you have a wrongful death lawyer in St. Louis representing your family’s case, taking a wrongful death case to trial can be incredibly beneficial. Fighting for your case in court ensures that your wrongful death claim isn’t at the whims of the other party’s insurance company, and in cases involving product liability or negligence by a large company, taking a case to trial could pave the way for a class-action lawsuit if the families of other victims decide to come forward.

How Long Do I Have to File a Wrongful Death Claim 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.

What Can a St. Louis Wrongful Death Lawyer Can Do For My Case?

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.

When Can I File a Wrongful Death Claim in Missouri?

Wrongful death cases have several special considerations. In most cases, a wrongful death claim can only be filed by a child, spouse or parent/guardian of a deceased individual, and if the claimant is successful they may receive restitution for their financial losses.

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 Be Held Liable For Wrongful Death in St. Louis and 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.

When Can I Sue a Company or Manufacturer for Wrongful Death in St. Louis, Missouri?

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

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

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:

1. 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.
2. 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.
3. 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.

How Is a Settlement Determined in a St. Louis Wrongful Death Claim?

Settlements for wrongful death claims vary significantly, based on case-specific factors such as liability, the health of your loved one before an accident and other factors that determine a wrongful death settlement:

• Your loved one’s age
• Pre-existing conditions
• Liability in the accident that caused your loved one’s death
• Proof of the negligent party’s fault
• The victim’s future earning capacity/income at the time of death
• Medical bills that the victim incurred because of the negligent party
• Funeral and burial expenses that the victim’s family had to pay for out-of-pocket
• Lost wages

While most wrongful death settlements are reached outside of court, some wrongful death cases end up going to trial. Burger Law’s wrongful death attorneys are experienced trial lawyers who are not afraid to take the fight in front of a judge and jury if we have to.

Will a Wrongful Death Settlement in St. Louis Cover All of My Loved One’s Lost Wages?

Wrongful death settlements are designed to help the surviving family members of people killed by another person’s negligence maintain the same quality of life that they had before the their loved one’s death. While recovering compensation won’t take away the pain of losing a family member, it can help offset expenses that the family has struggled with since losing their loved one. Lost wages in a wrongful death claim are the most commonly reported damages, pertains to any financial benefits the deceased contributed to their household income before their death including:

• Salary
• Health insurance
• 401k
• Pension
• Retirement benefits

Can You Sue Someone’s Estate for Wrongful Death in Missouri?

When a person dies, all of the property and assets that they possessed while alive are listed under the deceased’s estate. An estate is represented by the personal representative of the deceased as defined by Missouri Revised Statute § 473.110, most often, the victim’s spouse, child, or parents. Personal representatives are responsible for allocating the deceased’s estate to the correct parties, including those listed in the person’s will, and handling claims against the deceased’s estate from debt collectors, attorneys, and other parties.

If your family is struggling with the death of a family member caused by another person’s negligence, and you are wondering, “Can I sue the estate of a deceased person for wrongful death?” The answer is yes, but there are rules for suing a person’s estate. When suing someone’s estate, there are limitations on who can sue for wrongful death, how long a person has to sue an estate for damages, and elements that need to be present when suing an estate for wrongful death.

The statute of limitations for suing an estate is different in every state. In Missouri, the time limit for suing a person’s estate for wrongful death is within six months of the estate going into probate, according to Missouri Revised Statute § 473.360. Probate is the process that an estate goes through before dispersing a person’s will. During the first six months of probate, claims against a person’s estate are assessed and either approved or denied. When making a wrongful death claim against a person’s estate, it’s essential to have proof of:

• Your loved one’s death (autopsy, police report, death certificate)
• The estate holder’s responsibility for your family member’s death (police report, medical report, witnesses)
• Your eligibility to sue for your loved one’s wrongful death – a personal representative must be the victim’s spouse, child, parent, or if none of these parties are available, the victim’s sister or brother
• Damages that your family incurred because of your family member’s death

If you are thinking about suing someone’s estate for wrongful death, you are going to need a lawyer. Suing an estate for wrongful death requires extensive knowledge of Missouri’s legal process, wrongful death laws, and experience negotiating damages. Without an attorney by your side, you could miss the time frame for filing a wrongful death claim, risk having your claim denied, or recovering fewer damages for your wrongful death claim in St. Louis.

St. Louis and Missouri Wrongful Death Lawyer Videos

• How to Pursue A Wrongful Death Claim in Missouri
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• LGBTQ Wrongful Death Claims
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• Wrongful Death and Medical Malpractice Testmonial
• Do I Have a Wrongful Death Case in Illinois?
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• Can I Sue for My Loved One’s Death?

Cases We Win

Burger Law’s Missouri wrongful death law firm based in St. Louis has a team of gifted litigators and trial lawyers with more than 70 years of combined experience practicing 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 listed here. Click for more information.

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

Other St. Louis Wrongful Death Resources

Our skilled wrongful death attorneys in St. Louis, MO serving all of Missouri and Illinois have the knowledge, resources and background to demand justice and full compensation for you and your family after the tragedy of losing a loved one to someone else’s reckless behavior. You deserve a complete financial recovery for your St. Louis wrongful death case. While it will not undo the profound loss you have experienced, a financial recovery in your Missouri wrongful death case will allow you to honor the memory of your loved one and move forward as a family. Hire Burger Law’s capable wrongful death lawyers to represent you in your claim and offer personal support and counsel during this difficult time so that you do not have to worry about paperwork or legal requirements while processing your loss.

Our MO wrongful death attorneys of Burger Law have decades of experience working on and winning wrongful death cases. We will answer your questions for free now at (314) 500-HURT. In addition, we have produced additional resources for individuals and families in St. Louis and throughout Missouri going through a wrongful death or personal injury claim. Check out some of these additional resources below.

• How a Law Suit Works
• How to Choose a Law Firm
• Free Legal Books
• More Free Resources

Your St. Louis, Missouri Wrongful Death Lawyer

The death of a loved one can be traumatic. After their death, you may find yourself struggling to return to normal and wishing that the responsible party could be held accountable for their actions. If you want justice for your loved one, an attorney could help. An experienced wrongful death attorney can devote the time and resources necessary to achieve justice for your loved one. Contact a St. Louis wrongful death lawyer from Burger Law today to schedule a consultation.

Burger Law Wrongful Death Videos

• Wrongful Death / Medical Malpractice Testimonial

• Can I sue for my loved ones 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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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!

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