St. Louis Wrongful Death Attorneys
Fighting for Families of Wrongful Death Victims in Missouri
Losing a loved one under any circumstances is an incredibly painful experience, but when that loss is the result of someone else's negligent, careless, or malicious actions, the grief can be even more overwhelming. In these scenarios, certain surviving family members of the deceased have the right to take legal action against the responsible party.
At Sedey Harper Westhoff, we provide compassionate and solutions-oriented legal support your family needs to navigate this unimaginably difficult time. Our personal injury attorneys aim to achieve a result that can provide you and your loved ones with some measure of justice. Our firm has over 40 years of legal experience and a track record of securing favorable outcomes. You can have peace of mind knowing that you owe no legal fees unless we secure a successful outcome on your behalf.
After losing a loved one to negligence, you deserve a legal team that fights for answers. Speak with our dedicated St. Louis wrongful death attorney. Call (314) 819-0963 or contact us online.
What Is Wrongful Death in Missouri?
In Missouri, a wrongful death is legally defined as a death caused by the negligent, reckless, or intentional actions of another party. Crimes such as murder and manslaughter can form the basis of a wrongful death claim.
Under state law, a wrongful death claim can be initiated when a person dies due to circumstances that could qualify for a personal injury lawsuit if the victim had survived. The purpose of such a claim is to hold the responsible party accountable and to provide financial support to the remaining family members, who may face significant emotional and financial burdens following the loss.
Common Causes of Wrongful Death
A wrongful death can be linked to one of several types of accidents or incidents involving negligent, careless, or malicious conduct, and our lawyers are prepared to represent families of wrongful death victims in many of these scenarios. Our approach is both compassionate and strategic, prioritizing our clients' emotional needs while aggressively pursuing the accountability and compensation they deserve. Our goal is to guide families through the legal process with sensitivity and respect, aiming to alleviate some of their burdens.
Wrongful death cases can arise from:
- Aviation Accidents
- Bicycle Accidents
- Car accidents
- Construction site accidents
- Defective products
- Motorcycle accidents
- Truck accidents
- Unsafe premises
- Workplace accidents
Who Can File a Wrongful Death Lawsuit in Missouri?
Not all loved ones of the deceased have the automatic right to pursue a wrongful death lawsuit on their behalf. Missouri enforces specific rules on who has the right to bring a claim.
Typically, the following parties have the first right to file a wrongful death case:
- The surviving spouse
- The surviving children (biological or adopted)
- The surviving parents (biological or adoptive)
- The surviving grandchildren (if there are no surviving children)
In a scenario where none of the parties listed above survived the deceased, the following family members usually have a right to take legal action:
- The surviving siblings
- The surviving nephews or nieces
In the event none of these parties survives the victim, the personal representative of the deceased’s estate – typically named in the victim’s will – can generally file a lawsuit. If no personal representative is named or if the deceased’s named representative is unavailable or unwilling to take on the role’s responsibilities, the court will appoint one. In situations where wrongful death litigation is possible, Missouri courts will look to appoint a personal representative who is capable of taking on their role in the legal process and is entitled to share in the proceeds of the case.
What is the Statute of Limitations for Wrongful Death Cases in Missouri?
In Missouri, the statute of limitations for filing a wrongful death claim is generally three years from the date of the victim’s death. This means that the lawsuit must be initiated within this period to remain valid in the eyes of the law. Note that this date may be distinct from the date the victim sustained injuries that were ultimately fatal.
Missing this deadline can result in the court dismissing the case, which would prevent you and your loved ones from receiving potential compensation for your loss. We encourage you to get in touch with our St. Louis wrongful death attorneys as soon as possible so that we can work to secure evidence and witnesses.
Key Differences Between Criminal and Civil Wrongful Death Cases in St. Louis
When a fatal accident happens in St. Louis, families are often told that “the case is under investigation.” That usually refers to a criminal investigation by local law enforcement, such as the St. Louis Metropolitan Police Department or St. Louis County Police, with charges potentially filed by the Circuit Attorney or County Prosecutor. While that process is important, it is separate from a civil wrongful death claim your family may file under Missouri law.
A criminal case in the Circuit Court of the City of St. Louis or St. Louis County focuses on whether a defendant violated state criminal statutes and what punishment may follow. A civil wrongful death lawsuit, by contrast, is brought by eligible family members and centers on financial accountability for the losses caused by the death, including funeral expenses, lost income, and the loss of companionship and support.
There are several important distinctions:
- Who brings the case: Prosecutors file criminal charges; surviving family members file civil wrongful death lawsuits.
- Purpose: Criminal cases seek punishment such as incarceration, fines, or probation; civil cases seek monetary damages for the family.
- Burden of proof: Criminal guilt must be proven “beyond a reasonable doubt,” while civil liability requires proof by a “preponderance of the evidence.”
- Outcome: A criminal conviction results in a sentence; a successful civil case results in financial compensation.
In St. Louis, it is entirely possible to pursue a civil wrongful death claim even if no criminal charges are filed or if the defendant is acquitted. Our wrongful death attorney helps families monitor related criminal proceedings while conducting an independent investigation, preserving evidence, consulting experts when needed, and preparing a claim in the appropriate Missouri court.
This dual-track approach allows families to seek justice on their own terms, rather than waiting to see how the criminal system unfolds.
Steps Involved in a Wrongful Death Case in St. Louis
Losing a loved one because of someone else’s negligence is overwhelming. While no legal action can undo what happened, a wrongful death claim can provide accountability and financial stability during an incredibly difficult time. Below is an overview of how a wrongful death case typically moves forward in St. Louis and throughout Missouri.
- Initial Consultation: Your case begins with a no-cost consultation, where our team evaluates the facts, explains Missouri’s wrongful death laws, and discusses who is eligible to bring the claim under state statute.
- Investigation and Evidence Gathering: We conduct a thorough investigation, collecting police reports, medical records, witness statements, surveillance footage, and, when necessary, consulting accident reconstructionists or medical professionals to build a clear factual foundation.
- Filing the Lawsuit: Once sufficient evidence is gathered, we file a formal complaint in the appropriate Missouri court.
- Discovery Process: Both sides exchange evidence, submit written questions, and take depositions.
- Settlement Negotiations: Many wrongful death cases are resolved through negotiated settlements.
- Trial (If Necessary): If a fair settlement is not offered, we are prepared to present your case before a judge or jury, using testimony, expert analysis, and documentary evidence to demonstrate liability and the full impact of your loss.
- Judgment and Potential Appeal: If a verdict is reached in your favor, the court enters a judgment for compensation. The opposing party may appeal, but if the judgment stands, it becomes enforceable.
Throughout every stage, as your wrongful death lawyers in St. Louis, we manage the legal process with diligence and clarity while keeping you informed. This allows your family to focus on grieving and healing, knowing that your case is being handled with care and determination.
What Compensation is Available For Wrongful Death Cases in Missouri?
While no financial amount can fully replace the presence of a lost family member, compensation can alleviate some of the practical realities you and your loved ones must manage. You can recover both economic and non-economic damages in a Missouri wrongful death lawsuit. Economic damages are tangible, out-of-pocket expenses that your family incurs as a direct result of the wrongful death, while non-economic damages are more subjective and intangible, aiming to compensate for the emotional suffering endured by your family.
Our St. Louis wrongful death lawyers can fight to secure maximum compensation for all losses, including:
- The deceased’s final medical expenses
- Funeral and burial costs
- Lost income and benefits the deceased would have earned had they lived
- Pain and suffering experienced by the deceased before their death
- Loss of companionship, consortium, and guidance
When Are Punitive Damages Awarded?
Punitive damages aren't designed to compensate the family of a wrongful death victim but instead punish the defendant and discourage similar behavior in the future. These damages are only typically awarded in cases where the defendant acted maliciously or especially egregiously. The state of Missouri also generally caps punitive damages at $500,000 or five times the total of economic and non-economic damages.
How Our St. Louis Wrongful Death Lawyer Can Help You
Here's how we can help:
- Thorough investigation: We examine the facts, gather evidence, review official reports, and consult with experts to build a strong case.
- Identifying liable parties: We determine who is legally responsible—an individual, company, medical provider, or multiple parties.
- Handling all legal procedures: From filing claims to managing deadlines, we handle the legal complexities on your behalf.
- Negotiating with insurance companies: We deal directly with insurers to seek a fair settlement and protect you from lowball offers.
- Pursuing full compensation: We fight for economic and non-economic damages, including funeral costs, lost income, and emotional suffering.
- Litigation support: If a fair settlement cannot be achieved, we are fully prepared to represent you in court.
Schedule a Free Consultation with our Wrongful Death Attorney in St. Louis Today
If you have lost a loved one due to someone else's negligence, our compassionate and experienced legal team is here to help. We understand the emotional and financial toll a wrongful death could take on a family, and we're committed to seeking the justice and compensation you rightfully deserve. We're here to listen, answer your questions, and guide you through every step of the legal process.
Hold the responsible party accountable. Our St. Louis wrongful death attorneys are ready to pursue justice on your family’s behalf. Call (314) 819-0963 or contact us online today.
Frequently Asked Questions About Wrongful Death in Missouri
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Can I Represent Myself in a Wrongful Death Case?
Assuming you have the right to bring a wrongful death claim in the first place, you do technically have the right to represent yourself in these legal proceedings. Navigating a wrongful death case in Missouri can be an exceedingly complex process, so representing yourself is not generally advisable. The legal system involves numerous procedural rules and evidentiary standards that you may find daunting without formal training, especially as you are simultaneously mourning the loss of your loved one. By hiring a seasoned attorney, you can focus on grieving while they manage the legal process and leverage their experience to effectively advocate for your family.
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How Long Does a Wrongful Death Case Typically Take?
The duration of a wrongful death case can vary significantly, depending on several factors that can influence its progression. Generally, these cases can take anywhere from several months to a few years to reach a resolution. In the initial stages, considerable time is spent on investigation and gathering evidence, which is crucial to building a strong case. The complexity of the case, particularly regarding the amount of evidence required and the number of parties involved, can extend this phase.
Once the lawsuit is filed, the discovery process can take several more months as both sides exchange pertinent information and conduct depositions. During this period, negotiation and settlement discussions are common, which may lead to a quicker resolution if both parties agree to settle out of court. However, if a settlement is not reached or is deemed unsatisfactory, the case may proceed to trial, adding considerable time to the process due to court schedules and trial preparation.
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What Factors Can Affect the Amount of Compensation I Can Receive?
Several factors can significantly influence the amount of compensation awarded in a wrongful death case. The age and health of the deceased play a pivotal role, as younger or healthier individuals may have higher projected earnings and longer life expectancies, which can increase economic damages. The deceased’s income and earning capacity at the time of death also weigh heavily, as higher incomes can lead to more substantial compensation for lost wages and future financial support.
Another important consideration is the nature of the relationship between the deceased and the claimants. Close relatives, such as spouses or children, may experience greater demonstrable economic and emotional impact, potentially leading to higher compensation. The extent of surviving family members’ dependence on the deceased, both financially and emotionally, can further influence the amount awarded for non-economic damages like loss of companionship.
Circumstances of the death also come into play. If the death was due to particularly negligent or malicious conduct, courts might award punitive damages, significantly increasing the total compensation.
Our St. Louis wrongful death attorneys can help you hold the responsible party or parties accountable for the loss of your loved one. We can thoroughly evaluate the resulting impacts on you and your loved ones’ lives and walk you through what you can expect to recover if we win your case.
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What Happens If the Defendant Is Uninsured or Underinsured?
In situations where the defendant in a wrongful death case is uninsured or underinsured, recovering compensation can become more challenging. However, this does not render the pursuit of a claim futile. In these cases, we may explore other avenues for compensation, such as pursuing any personal assets of the defendant that might be used to satisfy a judgment. This can include properties, savings, or any other tangible assets the defendant owns. Additionally, if your deceased loved one had an uninsured/underinsured motorist insurance policy in a scenario involving a vehicular accident, you may be able to seek compensation through this policy.
- We investigate and evaluate your injury and the harm you have suffered.
- We negotiate a quick, fair settlement with the insurance company where possible.
- We work with your medical providers to develop a strong case of negligence.
- We take your case to court to get you the best result.
We Get Results!
Our clients say we are smart, hard-working, aggressive advocates, who will fight for your rights.
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"I have the utmost respect for Sedey Harper Westhoff."
They are a unique group of smart, talented, dedicated and passionate attorneys working together to represent their clients with the highest degree of legal expertise, and to make a positive difference in the world. Their work is unparalleled.
- Francine K. -
"The counsel that I received from Sedey Harper Westhoff during each phase of my discrimination and retaliation case was excellent."
The professionalism and knowledge exhibited, and the personal touch my family received, was comforting during a very difficult time in my life.
- Rickey D. -
"You don’t just get one attorney… you get an entire firm on your side. I can’t recommend them highly enough."
Their reputation with the court system and the opposing firm / defendant spoke volumes in getting this case to a winning settlement. Most importantly, they are real people in a sea of so many attorneys.
- Terry H.
Saint Louis, MO 63139 Map & Directions