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St. Joseph Wrongful Death Lawyers

Seek Compensation With Our Wrongful Death Attorneys in Missouri

A wrongful death claim in Missouri allows the surviving family members to hold those responsible for the death accountable. Whether the death resulted from an automobile accident, medical malpractice, workplace accident, or other negligent actions, you have the right to pursue justice on behalf of the deceased. An experienced St. Joseph wrongful death lawyer can help you understand the complexities of these cases and navigate the legal proceedings to seek compensation for your grief and suffering.

Contact a St. Joseph Wrongful Death Attorney today for a free legal consultation. Call us at (816) 551-2482 or reach out online to discuss your case and get the justice you deserve.

What Is Wrongful Death?

Wrongful death occurs when a person dies due to the negligent, reckless, or intentional actions of another party. In Missouri, the surviving family members or beneficiaries of the deceased can file a lawsuit to seek compensation for their loss.

Common causes of wrongful death include:

  • Motor vehicle accidents: If a driver’s negligence, such as driving under the influence or distracted driving, leads to a fatal crash, the family of the deceased may file a wrongful death claim.
  • Medical malpractice: When healthcare professionals fail to provide the standard of care required, and their actions result in death, it may constitute medical malpractice. This can include surgical errors, misdiagnoses, or medication mistakes.
  • Workplace accidents: In some cases, a fatal accident can occur at the workplace due to unsafe conditions or employer negligence. While workers' compensation may cover certain losses, a wrongful death lawsuit may be necessary to secure additional compensation in certain circumstances.
  • Product liability: If a dangerous or defective product causes a fatal injury, a wrongful death claim may be filed against the manufacturer, distributor, or seller responsible for the product.
  • Criminal actions: If the death was caused by intentional criminal actions, such as assault, homicide, or a violent act, the responsible party can face both criminal charges and a wrongful death lawsuit.

Each wrongful death case is unique, and a skilled St. Joseph wrongful death attorney can help determine if you have a valid claim and the best approach for your situation.

Who Can File a Wrongful Death Lawsuit in Missouri?

Missouri law allows specific individuals to file a wrongful death lawsuit on behalf of the deceased. The following parties may be eligible to file a claim:

  • Spouse: A surviving spouse can file a wrongful death lawsuit.
  • Children: Biological children of the deceased can also file a claim.
  • Parents: In cases where the deceased does not have a surviving spouse or children, parents may have the right to file.
  • Siblings: If there are no immediate family members (spouse, children, or parents), siblings may file a wrongful death claim, though this is less common.

If the deceased person had dependents who relied on them financially, these individuals might also be entitled to compensation. A St. Joseph wrongful death lawyer can help determine the appropriate parties to file the claim and assist in gathering the necessary evidence to support the case.

Damages in a Wrongful Death Claim

In a wrongful death lawsuit, the surviving family members may seek compensation for several types of damages resulting from their loved one's death. These damages can include:

Economic damages: These are tangible losses resulting from the death, such as:

  • Funeral and burial expenses
  • Medical expenses related to the injury or illness before death
  • Loss of the deceased person’s income and benefits
  • Loss of household services that the deceased provided

Non-economic damages: These are subjective losses and can be more difficult to quantify but are just as significant. They include:

  • Pain and suffering experienced by the deceased before their death
  • Emotional distress experienced by the surviving family members
  • Loss of companionship, guidance, and care from the deceased

Punitive damages: In certain cases, if the defendant's actions were particularly egregious or reckless, the court may award punitive damages. These are meant to punish the wrongdoer and deter similar behavior in the future.

Having an experienced St. Joseph wrongful death attorney by your side can ensure that all relevant damages are considered and that you pursue the maximum compensation available for your case.

Statute of Limitations for Wrongful Death in Missouri


In Missouri, there is a statute of limitations for wrongful death claims. This means there is a time limit within which you must file a lawsuit after your loved one’s death. In most cases, the statute of limitations for wrongful death in Missouri is three years from the date of death. However, this timeline can vary depending on the circumstances of the case. If you miss the deadline, you may lose your right to pursue legal action and compensation. It is essential to speak with a St. Joseph wrongful death attorney as soon as possible to ensure that your claim is filed on time.

How to Determine Liability in a Wrongful Death Case?

Determining liability or negligence in a wrongful death case involves evaluating several key factors to establish that another party's actions or inactions directly caused the death of an individual. Here’s how negligence and liability are typically determined:

  • Duty of Care: First, it must be established that the defendant (the person or entity being accused) owed a duty of care to the deceased. This means that the defendant had a legal obligation to act in a way that would prevent harm to others. For instance, a driver has a duty to drive safely, a doctor has a duty to provide competent medical care, and a property owner has a duty to maintain safe conditions on their property.
  • Breach of Duty: After establishing that a duty of care existed, the next step is to prove that the defendant breached that duty. A breach occurs when the defendant fails to act as a reasonable person would under similar circumstances. For example, a driver who runs a red light or a doctor who fails to diagnose a serious condition may be found to have breached their duty of care.
  • Causation: In a wrongful death case, it is essential to show that the breach of duty directly caused the death. This is known as "causation." It must be proven that the defendant's actions or failure to act were a substantial factor in bringing about the fatal injury or illness. If the death would have occurred regardless of the defendant’s actions, causation may not be established.
  • Damages: Finally, there must be evidence of damages caused by the death. In a wrongful death case, this typically includes economic damages like funeral expenses, lost wages, and medical bills, as well as non-economic damages such as pain and suffering or loss of companionship. These damages are intended to compensate the surviving family members for their losses.

To successfully prove negligence and liability, it's crucial to gather evidence such as witness testimony, accident reports, medical records, expert opinions, and physical evidence from the scene of the incident. An experienced wrongful death attorney in St. Joseph can help in collecting and presenting this evidence, strengthening the case for the family of the deceased.

How a St. Joseph Wrongful Death Lawyer Can Help

The emotional pain of losing a loved one can be overwhelming, and navigating the legal system may feel like an additional burden during an already difficult time. A skilled St. Joseph wrongful death lawyer can provide invaluable support by handling the legal complexities of the case and helping you seek the compensation you deserve. 

A wrongful death case often involves determining who is at fault and why. Whether it’s a car accident, medical malpractice, or defective product, your St. Joseph wrongful death lawyer will work to establish liability and prove that the responsible party’s actions led directly to the death. In many cases, wrongful death lawsuits are settled out of court. Your lawyer will negotiate with insurance companies and the responsible party to ensure that you receive fair compensation for your losses. If a fair settlement cannot be reached, your attorney will be prepared to take the case to trial.

Need help with a wrongful death claim? Speak with a St. Joseph wrongful death attorney now for a free consultation. Call (816) 551-2482 or contact us online to get started.

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