What is Wrongful Death in Missouri?
What is Wrongful Death in Missouri?
Missouri Revised Statute § 537.080 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.” In other words, in Missouri, a wrongful death claim can be brought in any situation in which the deceased could have filed a personal injury lawsuit had he or she lived.
The statute of limitations, under 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. Call a Burger Law wrongful death lawyer based in St. Louis right away at (314) 500-HURT or reach out to us online to discuss the specifics of your claim.
What Are the Common Causes for Wrongful Death Claims in Missouri?
What Are Common Causes of Wrongful Death Claims in Missouri?
Burger Law’s wrongful death lawyers have decades of proven experience in wrongful death claims and have helped many family members in St. Louis and throughout Missouri get the compensation they deserve to alleviate the uncertainty and pressure they face following their substantial loss. Our wrongful death lawyers have successfully taken on cases involving:
When Do I Need to Hire a Wrongful Death Lawyer in Missouri?
When Do I Need to Hire a Wrongful Death Lawyer in Missouri?
If you have a wrongful death claim, you need an aggressive wrongful death lawyer in Missouri who knows how to handle and win claims like yours. You only have one chance to make the person who ended your loved one’s life pay for their mistakes and to receive compensation that helps ease financial concerns for yourself and your family. For the best chance of obtaining a full recovery, you need a skilled wrongful death attorney who has experience winning cases like yours.
Call Burger Law today at (314) 500-HURT or contact us online so that one of our wrongful death lawyers can provide the following for you and your claim:
Take the workload off of your plate. Rely on your Burger Law 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 Missouri 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 consortium. 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, you and your family demand what your case is truly worth and you are not stuck with additional medical bills and expenses after settling the case.
Make your case. This is precisely what you hire your lawyer for. A strong wrongful death attorney in St. Louis and throughout Missouri 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 be present 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 Missouri 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.
The Burger Law wrongful death legal team is dedicated to fighting for the rights and recoveries of Missouri families who have lost loved ones. We know exactly what it takes to win complicated wrongful death cases, and we are here for you. Call us now at (314) 500-HURT or fill out our online form.
What Damages Can I Recover in a Missouri Wrongful Death Claim?
What Damages Can I Recover in a Missouri 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 possible college funds, other benefits or even an inheritance that would have remained theirs if their caretaker was still alive.
If your family fails to file a wrongful death suit within the three-year time limit, they will be responsible for covering the previously mentioned expenses with their own money, which may not be enough. With a knowledgeable wrongful death lawyer in your employ, however, you may be able to recover compensation for some of these costs. Burger Law's experienced wrongful death lawyers in Missouri are dedicated to answering your questions and supporting you during your entire case.
Under Missouri Revised Statute § 537.090, your family can recover the following damages:
- 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 Missouri wrongful death lawyer from a 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
We understand that your loved one's passing is difficult. We want to help you and your family receive all of the financial recovery that you deserve. When you are ready to talk, we can help. Call (314) 500-HURT or contact our wrongful death lawyers based in St. Louis today.
How Does My Wrongful Death Lawyer Prove My Case in Missouri?
How Does My Wrongful Death Lawyer Prove My Case in Missouri?
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. In order to ensure that your family has a legitimate claim, and for the best chances of winning a wrongful death suit and recovering damages for your claim, speak to an experienced wrongful death lawyer at Burger Law in St. Louis right away.
In proving your wrongful death case, you must show 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 avoid harming other drivers, passengers, and pedestrians. 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.
- The defendant breached this duty of care.
The next fact you must establish is that the defendant did something that violated that responsibility, a breach of duty. This is where negligence comes in. In a car accident, driving drunk, driving distracted, speeding, failing to follow traffic signals and failing to slow down or use headlights in poor weather conditions are all examples of a driver failing to do their part to keep travelers around them safe.
- This breach caused your loved one's death.
Now, you must prove fault. Your Missouri wrongful death lawyer 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.
- The defendant's negligence caused damages.
Finally, to win your wrongful death claim, you must show how the defendant's behavior has affected you. 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.
Call Burger Law now at (314) 500-HURT or reach out to us online.
Who Can File a Wrongful Death Suit in Missouri?
Who Can File a Wrongful Death Suit in Missouri?
Generally, only a family member can file a claim, but there are a few exceptions. Missouri law 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 three 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.
Is There a Cap on Damages in Missouri Wrongful Death Claims?
Is There a Cap on Damages 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 wrongful death cases like yours and can determine the total value of your damages, including the non-economic damages. In most cases, there is no legal limit to the amount of damages you and your family can receive for the wrongful death of your loved one. This means that your Missouri wrongful death attorney can demand the full value of all of your damages, regardless of what it adds up to be.
The lone exception is medical malpractice. In Missouri, there are damage caps for non-economic damages in all medical malpractice cases, including wrongful death. The current policy, established by Missouri Revised Statute § 538.205, sets the maximum value for non-economic damages in a medical malpractice-related wrongful death case at $801,061 for the year 2023.
Regardless of the circumstances that caused the wrongful death of your loved one, you need to hire an experienced and dedicated wrongful death attorney to fight for you and demand the full compensation you are entitled to. Burger Law's legal team will not rest until we get you the outcome you deserve. Discuss your case with one of our wrongful death lawyers for free at (314) 500-HURT.