Wrongful Death Attorney in St. Charles County

Representing St. Charles County Families After a Preventable Death

When a family loses someone because of another person or company’s conduct, a wrongful death claim can provide a way to pursue financial accountability under Missouri law.

Sedey Harper Westhoff represents individuals and families in St. Charles County in serious personal injury and wrongful death matters. For more than 40 years, our firm has represented people, not employers, corporations, or insurance companies. That plaintiff-focused approach carries into the way we investigate wrongful death cases, evaluate liability, and deal with insurers and defense attorneys.

Our attorneys offer free initial consultations, and personal injury cases are handled on a contingency-fee basis. You do not pay legal fees unless we obtain a recovery for you.

What Qualifies as Wrongful Death Under Missouri Law?

Missouri Revised Statutes § 537.080 creates a wrongful death cause of action when a person dies because of an act, conduct, occurrence, transaction, or circumstance that would have allowed that person to recover damages had death not occurred.

In practical terms, a wrongful death case may arise when negligence, reckless conduct, or an intentional act causes a fatal injury.

Potential wrongful death cases can involve:

• Car, truck, and motorcycle crashes
• Construction site accidents
• Workplace accidents involving third parties or unsafe equipment
• Dangerous or defective products
• Unsafe property conditions
• Bicycle and pedestrian accidents
• Aviation accidents
• Negligent security and other premises liability incidents
• Intentional misconduct that results in death

The legal theory depends on how the death occurred and who may be responsible. A fatal crash, for example, may involve a negligent driver, an employer, a vehicle owner, or another party. A defective product claim can require a different investigation into the product, manufacturer, seller, and circumstances surrounding the failure.

Our attorneys review the evidence before determining which parties and legal claims should be considered.

Who Can File a Wrongful Death Lawsuit in Missouri?

Missouri law establishes an order of people who may bring a wrongful death claim.

The first group includes:

• The surviving spouse
• Children of the deceased
• Surviving descendants of a deceased child
• The deceased person’s father or mother

If no one in that group is entitled to bring the action, Missouri law allows certain surviving siblings or their descendants to pursue the claim.

If there is no eligible person in either of those groups, a court may appoint a plaintiff ad litem under the circumstances described in § 537.080.

These rules can become more complicated when several relatives may have an interest in the same wrongful death action. Instead of assuming who should file, we typically recommend determining eligibility early so that the family understands who may bring the claim and how the applicable Missouri statutes affect the case.

How Long Do You Have to File a Missouri Wrongful Death Claim?

Missouri Revised Statutes § 537.100 generally requires a wrongful death action to be commenced within three years after the cause of action accrues. In most wrongful death cases, this means three years from the date of death.

That does not mean every family should wait until the deadline approaches.

Evidence can disappear much sooner. Vehicles may be repaired or destroyed, surveillance footage may be overwritten, physical conditions can change, and witnesses' memories can become less precise. Some cases can also involve additional laws, defendants, notice requirements, or procedural issues that affect how deadlines are analyzed.

If you are unsure whether your family still has time to pursue a claim, an attorney can review the relevant dates and circumstances rather than relying on the general three-year rule alone.

Compensation in a Missouri Wrongful Death Case

Missouri Revised Statutes § 537.090 identifies several losses that may be considered in a wrongful death action.

Depending on the facts, recoverable damages may include:

• Funeral expenses
• Financial losses resulting from the death
• The reasonable value of services the deceased provided
• Loss of consortium
• Loss of companionship and comfort
• Loss of instruction, guidance, counsel, training, and support
• Damages the deceased suffered between the injury and death that could have been pursued had the person survived

Missouri law makes an important distinction between these losses and grief itself. The statute specifically states that damages for grief and bereavement resulting from the death are not recoverable.

The law also allows the trier of fact to consider mitigating or aggravating circumstances attending the death. What damages are available and how they should be evaluated depends on the facts of the individual case.

A wrongful death attorney can examine the deceased person’s income, family responsibilities, household contributions, medical records, and other evidence needed to document the losses recognized under Missouri law.