St. Louis Wrongful Death Attorney

What Is Considered Wrongful Death in Missouri?

Wrongful death is a legal claim that arises when one person’s death is caused by the negligent, reckless, or intentional conduct of another party. The central question in any wrongful death case is whether the death could have been prevented. More specifically, would the deceased person have survived if the responsible party had acted with reasonable care? If the answer is yes, a wrongful death claim may exist.

Common Causes of Wrongful Death in St. Louis

Wrongful death claims can arise from a wide range of circumstances. Some of the most common causes include:

• Motor vehicle accidents: Fatal collisions involving cars, trucks, motorcycles, pedestrians, and bicyclists often stem from distracted driving, speeding, or impaired driving. When a driver’s negligence causes a death, surviving family members may have grounds for a claim.
• Medical malpractice: Surgical errors, misdiagnosis, delayed treatment, and medication mistakes can all support a wrongful death claim when a healthcare provider fails to meet the standard of care.
• Defective or dangerous products: Manufacturers have a duty to ensure their products are safe. A design flaw, manufacturing defect, or failure to warn can give rise to liability when a product causes a fatal injury.
• Hazardous property conditions: Property owners who fail to address dangerous conditions, whether through poor maintenance, inadequate lighting, or lack of security, may be held responsible when those conditions lead to a death.
• Workplace, railroad, and maritime accidents: Fatal construction accidents and other workplace incidents may support a wrongful death claim when an employer, contractor, or other party disregards safety requirements. Railroad employees and qualifying seamen may have separate rights under federal laws such as FELA or the Jones Act when employer negligence contributes to a fatal work-related injury.
• Violent or intentional acts: A death caused by an intentional act can still give rise to civil liability, sometimes extending to a third party who had a duty to prevent it.

Who Can File a Wrongful Death Claim in Missouri?

Missouri gives first priority to the deceased person’s spouse, children, descendants of deceased children, and parents. If none of those relatives is eligible to file, the right passes to the deceased person’s siblings or their descendants. When no eligible relative exists in either group, the court may appoint another suitable person, known as a plaintiff ad litem, to bring the claim.

Importantly, only one wrongful death claim may be filed for a person’s death, even when multiple family members are entitled to share in the recovery.

What if the Deceased Was Partially at Fault?

Missouri follows a pure comparative fault rule, which means that a wrongful death claim may still proceed even if the deceased person was partially responsible for what happened. However, any compensation recovered may be reduced in proportion to the percentage of fault attributed to the deceased. For example, if the deceased was found to be 25% responsible, the family’s total recovery would be reduced by 25%.

Opposing parties and their insurers often raise comparative fault arguments specifically to reduce what they owe. Having an experienced wrongful death attorney matters in these situations because the facts must be examined carefully, and any effort to assign unwarranted blame to the deceased needs to be challenged with evidence.

What Compensation Can Families Recover Through a Wrongful Death Claim?

Missouri law allows eligible family members to seek compensation for a range of losses. A wrongful death settlement may include:

• Funeral and burial expenses
• Medical expenses related to the final injury or illness
• Lost wages and financial support the deceased would have provided
• The reasonable value of services the deceased performed for the family
• Loss of companionship, comfort, consortium, guidance, counsel, and training
• Pain and suffering experienced by the deceased between the time of injury and death
• Other losses resulting from the death

The overall value of a wrongful death claim depends on many factors, including the deceased person’s age, earning history and future earning capacity, life expectancy, household contributions, and the nature of their relationships with surviving family members. The strength of the liability evidence and whether the deceased experienced conscious suffering before death are also relevant. These calculations require detailed financial and personal information, and presenting them accurately makes a significant difference in how a claim resolves.

How a St. Louis Wrongful Death Lawyer at Bader & Murov Can Help

Wrongful death cases are rarely straightforward. They may involve disputed causation, multiple responsible parties, technical or medical evidence, substantial future losses, and insurers working to reduce what the family receives. Presenting the claim effectively requires a thorough investigation and a clear account of both the financial and personal impact of the death.

At Bader & Murov, families work directly with the attorneys handling their case. Our lawyers take a hands-on, results-driven approach, moving quickly to investigate the facts, develop a tailored strategy, and pursue the best possible outcome rather than pushing a claim toward the fastest available settlement.

Our St. Louis wrongful death attorneys can help by:

• Investigating how the death occurred. This may include preserving records, photographs, video, physical evidence, and electronic data; interviewing witnesses; and consulting appropriate experts.
• Identifying who may be responsible. We examine the conduct of every potentially liable party and determine what insurance coverage or other sources of recovery may be available.
• Documenting the full extent of the family’s losses. We gather medical, employment, and financial records, along with evidence of the support, services, guidance, and companionship the deceased provided.
• Handling disputes and negotiations. Our attorneys respond to allegations of shared fault, communicate with insurers and opposing counsel, and push for a resolution that reflects the full value of the claim.
• Preparing the case for trial when necessary. If the responsible parties refuse to offer fair compensation, we are prepared to present the evidence in court.