The loss of a loved one is devastating. When a life is cut short by someone else’s negligence or recklessness, the sense of injustice can be overwhelming. While compensation can never replace what was taken, it can ease financial burdens and force accountability.
First priority: Spouse, children, or lineal descendants of deceased children; or the parents of the deceased.
In medical malpractice wrongful death claims, Missouri law applies caps to non-economic damages. In non-medical wrongful death claims, non-economic damages are not capped.
The measure is set by RSMo 537.090, which allows the pecuniary losses suffered by reason of the death, funeral expenses, and the reasonable value of the services, consortium, companionship, comfort, instruction, guidance, counsel, training and support the deceased provided.
Where the deceased survived for a period before dying, the claim may also include the damages the deceased personally suffered between injury and death, including conscious pain and suffering. That is a separate component from the family’s own loss, and it is frequently overlooked.
Missouri generally requires wrongful death actions to be filed within three (3) years of the date of death. Evidence fades and witnesses move – contact us as early as you can so we can preserve proof and protect your claim.
The provision is RSMo 537.100, and the three years runs from the date of death, not the date of the injury. Where a person is injured and dies weeks or months later, the clock starts at death. That distinction has cost families their claims, because the five-year period they had read about applies to ordinary injury actions rather than to this one.
Claims against a public entity can carry far shorter notice requirements on top of the three-year period.
Missouri generally requires wrongful death actions to be filed within three (3) years of the date of death. Evidence fades and witnesses move – contact us as early as you can so we can preserve proof and protect your claim.
This is why a family cannot resolve a fatal claim the way they might resolve a damaged car, and why an adjuster offering a quick figure to one relative is not offering something that can lawfully be accepted on the family’s behalf.
● Secure police, OSHA, or incident reports; preserve vehicles, product components, and scene evidence
● Obtain medical records and autopsy findings; coordinate expert reviews
● Identify all liable parties (drivers, employers, contractors, property owners, manufacturers, healthcare entities)
● Calculate full lifetime economic loss with economists and vocational experts
● Build a clear, trial-ready narrative of fault, causation, and damages
● Motor vehicle, trucking, and motorcycle crashes
● Dangerous premises and falls
● Defective or dangerous products
● Workplace & industrial incidents
● Medical negligence and hospital errors
● Nursing home neglect & abuse
● Construction accidents
● Recreational & outdoor activity hazards
Some cases are clear-cut (e.g., drunk-driving fatalities). In those, insurers may negotiate to avoid a public trial. When
offers fall short or liability is disputed, we proceed to court. Our team is skilled in both arenas.
● Answer your legal questions with compassion and candor
● Assess your claim and outline strategy
● Conduct thorough investigation and evidence gathering
● Keep you informed with regular updates
● Communicate with insurers and defense counsel on your behalf
● Negotiate assertively; litigate decisively when needed
Missouri: St. Louis City, St. Louis County (Clayton, Ladue, Kirkwood, Webster Groves, Brentwood, Ballwin, Chesterfield, Maryland Heights, Florissant, University City), St. Charles County (St. Charles, O’Fallon, St. Peters, Wentzville), Jefferson County (Arnold, Fenton), and surrounding communities.
We evaluate serious injury, wrongful death, medical-negligence, and complex liability matters involving substantial damages, disputed responsibility, or litigation beyond the resources of a general-practice firm. We respond promptly, preserve deadlines and evidence, and work with carefully selected trial counsel when the matter calls for specialized resources. We draw on 47 years of experience in handling these type of matters. If we refer the case to other counsel, that counsel has been vetted and tested for competency. We perform screening and determine the best fit for your case whether it is us or another firm. This may be preferable to picking a lawyer with the best billboard or television commercial.
