Best Wrongful Death Lawyers in St Louis

About Wrongful Death Law in St Louis, United States

Wrongful death in the United States, including St Louis, is a civil action which charges another party with being liable for injury leading to an individual's death, due to negligence or intentional action. Such cases are usually brought by close relatives of the deceased. These cases can be complex and require a thorough understanding of various laws and rights.

Why You May Need a Lawyer

People often require a lawyer to handle wrongful death claims in order to thoroughly investigate the case, gather evidence, and represent them in court. Should you be involved in a wrongful death claim, a lawyer can help navigate the complexities of wrongful death statute, manage filing deadlines, conduct formal discovery, and potentially negotiate a settlement. Furthermore, wrongful death cases can often be emotionally charged and stressful, a lawyer can provide the necessary support during this difficult time.

Local Laws Overview

According to Missouri state law, wrongful death is when a person dies due to the fault of another entity. Claimants could be the spouse, children, or parents of the deceased. If these don’t exist, a sibling may bring a claim. The law imposes a three-year statute of limitations for filing a wrongful death claim, starting from the deceased's death. Additionally, the claimant has the burden of proof to demonstrate the defendant’s negligence.

Frequently Asked Questions

What damages can I recover in a wrongful death suit?

In Missouri, you could recover financial losses, such as lost wages and benefits that the deceased would have earned, and non-economic losses, including the value of companionship, comfort, instruction, guidance, counsel, training, and support.

What is the statute of limitations for wrongful death in Missouri?

A wrongful death claim must be filed within three years of the date of the individual's death. This time limit is strictly followed and if you fail to file within the set time, you may lose your right to file a lawsuit.

Who can file a wrongful death claim in St. Louis, Missouri?

A wrongful death claim can be filed by close family members of the deceased, including spouse, parents, and children. If these immediate family members are not available, a sibling may be able to file the claim.

Can I file a wrongful death claim if the deceased never held a job?

Yes, even when the deceased never held a job, a claim relating to non-economic damages, like loss of companionship, can be filed.

Should I settle my wrongful death claim out of court?

It depends on the specifics of the case. Some cases can be settled out of court relieving families of potential stress related to court proceedings. However, you should consult with your lawyer before making any such decision to ensure that you receive the maximum compensation.

Additional Resources

The following resources may be helpful in seeking legal help in wrongful death cases in Saint Louis, MO:

• Missouri Court System• The Bar Association of Metropolitan St. Louis• The Missouri Bar

Next Steps

If you believe you have a wrongful death claim, it’s highly recommended that you meet with an attorney to discuss your potential claim. Prepare for this consultation by gathering as much information as possible such as medical records, any police reports, contact information for eyewitnesses, and any other documents that may support your claim. The attorney can then assist you with the next steps, which may include filing a wrongful death lawsuit, gathering additional evidence, and negotiating a possible settlement.