Have you lost a loved one in a fatal accident in St. Louis due to someone else’s negligence or intentional actions? Losing someone to a fatal car accident in St. Louis can be devastating, but you may be entitled to compensation to help with the financial and emotional aftermath. At Bradley Law, our experienced fatal accident lawyers provide compassionate support and aggressive representation to families affected by wrongful deaths. Our St. Louis wrongful death lawyers have decades of experience representing grieving families and secured the largest wrongful death recovery for a child in Missouri state history- $14,000,000. Contact our St. Louis office to discuss your case with one of our experienced St. Louis wrongful death attorneys.
A wrongful death lawsuit allows you to seek damages for the harm and expenses your family has suffered due to a defendant’s behavior. Money can never bring back your loved one, but it can help your family avoid financial uncertainty during a painful time.
At our law firm we handle cases involving truck accidents, boating accidents in St. Louis, brain injuries, medical malpractice cases in St. Louis, slip and fall cases, and more. We work on a contingency fee basis with no out-of-pocket costs.
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How Our St. Louis Wrongful Death Lawyer Can Help
After the devastating loss of a loved one, the last thing your family should be worried about is an uncertain financial future. You deserve a team of experienced attorneys who can help you hold the responsible party accountable for a fatal crash in St. Louis. As your fatal accident lawyer, Bradley Law is committed to securing justice for families who have lost loved ones in fatal car crashes. Our St. Louis team understands the complexities of wrongful death cases and will pursue every avenue for compensation on your behalf. Bradley Law Personal Injury Lawyers will put decades of legal experience to work to fight for your family and help you recover compensation.
Principal and founding attorney E. Ryan Bradley was a wrongful death lawyer for the insurance defense before turning to personal injury law. He uses this insight into insurance company tactics to build strong wrongful death claims and fight back against attempts to undervalue your claim or blame your loved one for their death. Ryan knows how to recover compensation from the insurers and will not hesitate to file a wrongful death suit against the largest companies in the world. He holds the prestigious AV Preeminent rating from Martindale-Hubbell and has been admitted to the Multi-Million Dollar Advocates Forum.
When you choose Bradley Law wrongful death attorneys to represent you in your wrongful death claim, you can trust us to:
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Provide the sound legal advice, guidance, and support you need during this emotional time
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Perform an exhaustive investigation into the circumstances of your loved one’s death to identify potentially liable parties, sources of compensation, and gather evidence
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Work with top experts to accurately value your losses and create a strong case for negligence
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Handle all administrative tasks, communications, and negotiations
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Fight for maximum compensation through a settlement or take your case before a jury for the same
You deserve time and space to grieve, but real-world obligations like the mortgage, groceries, and utilities do not stop after a devastating loss. Bradley Law Personal Injury Lawyers will take over the fight for the compensation your family needs while you focus on healing. Contact our law office in St. Louis, Missouri today for a free consultation with a personal injury lawyer to discuss how we can help you.
Understanding Wrongful Death Claims
Wrongful death claims are a type of lawsuit that allows the family members of a person who has died due to the negligence or wrongdoing of another person or entity to seek compensation for their financial and emotional losses. In Missouri, the law gives priority for a wrongful death claim to lineal family members seeking compensation through a wrongful death case, such as the deceased’s spouse or children. These claims are essential for holding the responsible parties accountable and providing the surviving family members with the financial support they need during such a difficult time.
Definition of Wrongful Death
Wrongful death is a death that occurs as a result of a person’s conduct, occurrence, transaction, or circumstance that would have allowed the victim to recover damages through a personal injury claim if they had survived. It is the avoidable death of a person, typically caused by negligence, recklessness, or intentionally harmful or criminal actions. This legal definition ensures that families can seek justice and compensation when their loved one’s death was preventable and caused by another’s actions.
Types of Incidents That Result in Wrongful Death
Wrongful death can occur as a result of a variety of incidents, including:
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Traffic accidents
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Premises liability
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Medical malpractice
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Product liability
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Nursing home abuse or neglect
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Intentional acts
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Workplace accidents
Each of these incidents involves different circumstances and legal considerations, but they all share the common factor of resulting in a tragic and preventable loss of life. Understanding the types of incidents that can lead to wrongful death is crucial for identifying potential claims and seeking justice for your loved one.
What Is A Wrongful Death Claim under Missouri Law?
Under Missouri Revised Statutes Section 537.080, a wrongful death occurs when someone dies due to any “conduct, occurrence, transaction, or circumstance” in which they would have been able to seek damages through a personal injury claim if they had survived.
Essentially, a death is considered ‘wrongful’ when intentional wrongdoing, recklessness, or negligence causes a fatal accident. When a fatal car accident in St. Louis takes a loved one, our lawyers are here to help families seek justice and compensation. Bradley Law’s fatal car crash lawyers have the experience and dedication needed to handle a wrongful death case with care.
When there is a wrongful death, surviving family members may be able to bring a wrongful death claim against the negligent or at-fault party.
Who Can File a Wrongful Death Lawsuit in Missouri?
There are specific rules on who may file wrongful death lawsuits in Missouri, and the order of priority goes like this:
First Priority to File a Wrongful Death Lawsuit under Missouri Law
The surviving spouse or children of the decedent are first in line to file a wrongful death lawsuit. If there is no spouse or children of the decedent, the claim passes to the second priority.
Second Priority to File a Missouri Wrongful Death Lawsuit
Surviving parents of the decedent are next in line to file a wrongful death lawsuit. This usually occurs when there is a death of a child who was too young to be married or have children. There is ane exception however. If there is a surviving spouse or children that fail to file the wrongful death claim within 1 year of the death, the second class has the right to file a lawsuit.
Third Priority to File a Missouri Wrongful Death Suit
If there is no spouse, children, or parents, then any surviving sibling may file a wronful death lawsuit.
Fourth Priority in Filing the Wrongful Death Claim
In the unusual circumstance where there are no individuals in class 1, 2 or 3, then the personal representative of the decedent’s estate may bring a wrongful death claim. If no probate estate has been opened, Missouri law provides for the appointment of a “plaintiff ad litem” to bring the claim. Most wrongful death claims arise from incidents such as traffic accidents, medical malpractice, premises liability, and workplace incidents.
If you are not sure if you qualify to file a wrongful death claim, Bradley Law Personal Injury Lawyers can help. Schedule a free consultation, and we can offer guidance about the important decision about filing a wrongful death case.
Who Can Be Liable for Wrongful Death?
Wrongful death results from negligence, reckless behavior, or willful wrongdoing on the part of one person or entity when it results in the death of someone else. Some common defendants in wrongful death suits include:
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Individuals
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Medical providers
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Employers
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Manufacturers
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Businesses
These parties can be held accountable for their actions or inactions that led to the wrongful death, ensuring that justice is served and that similar incidents are prevented in the future.
Individuals Who Can Be Held Liable
In Missouri, individuals can be held liable for wrongful death if their negligence or wrongdoing caused the death of another person. This can include drivers who cause fatal car accidents, medical professionals who commit medical malpractice, and property owners who fail to maintain safe premises.
In addition to individuals, companies and organizations can also be held liable for wrongful death. This can include manufacturers who produce defective products, employers who fail to provide a safe work environment, and healthcare providers who commit medical malpractice.
It’s worth noting that in Missouri, the law allows for the recovery of both economic and non-economic damages in wrongful death cases. Economic damages can include medical expenses, funeral expenses, and lost wages, while non-economic damages can include pain and suffering, loss of companionship, and loss of consortium.
If you have lost a loved one due to the negligence or wrongdoing of another person or entity, it’s essential to seek the advice of an experienced wrongful death attorney. They can help you navigate the complex legal process and ensure that you receive fair compensation for your losses.
What is Missouri’s Statute of Limitations for Wrongful Death?
Missouri’s wrongful death statute of limitations is three (3) years. That means you only have three years from the date of your loved one’s death to file a wrongful death lawsuit in Missouri. If you miss the deadline on this statute of limitations, you will not be able to recover any compensation or hold the responsible party accountable for your loved one’s death.
It’s crucial to take action quickly and contact a wrongful death lawyer in St. Louis. We can give you the space you need to grieve while investigating your loved one’s accident and preserving evidence, so it is not lost.
What Is My Wrongful Death Accident Case Worth?
The two main drivers in the value of a wrongful death case are 1) the evidence and 2) who you choose to represent you.
Value Driver #1: The Evidence in a Wrongful Death Case
Aside from medical expenses and burial expenses, two types of damages contribute to the bulk of a wrongful death claim’s value. Economic damages are comprised of earnings the decedent would have earned as well as any medical bills incurrred before death. Non-economic losses are those damages the the family suffered as aresult of the death, including loss of companionship, comfort, support, guidance, and counsel of the deceased. It takes an experienced wrongful death lawyer to fully investigate each of these losses so wrongful death victims can receive full compensation for their losses.
Valuing a wrongful death case is difficult and requires presenting a persuasive case. Your loved one’s health, life expectancy, work history, and earning capacity all factor into an assessment of the wages they would have earned if they had lived.
Non-economic losses are harder to quantify. We may present evidence about your loved one’s character, talents and skills they contributed to the family, role in child-rearing, and the level of care they provided to children or older family members.
Our St. Louis wrongful death lawyers will help you understand what your case may be worth and the factors involved. At Bradley Law, we will help you build the strongest case possible and seek the full damages your family deserves after a fatal injury.
Value Driver #2: Hiring the Right St. Louis Wrongful Death Lawyer to Represent Your Family
The wrongful death lawyers you hire to represent your family is just as important as the underlying evidence. Hiring a skilled St. Louis wrongful death lawyer can make the difference between tens of thousands and tens of millions of dollars in a wrongful death recovery. Our attorneys regularly deliver 10+ Million dollar recoveries for wrongful death claims. We secured the largest wrongful death settlement for a child in Missouri history- $14,000,000.00- in what many believed to be an “unwinnable case.” Our fierce determination and unyielding commitment to justice set us apart in every case we take on. We approach each wrongful death claim with the highest level of skill, preparation, and respect for the lives affected. At Bradley Law, we understand that these cases are about far more than financial compensation—they’re about holding responsible parties accountable and helping families find closure.
When you choose us, you’re not just hiring a wrongful death attorney; you’re gaining a powerful ally who will fight tirelessly for your family’s rights. We navigate complex legal challenges, leverage our experience, and pour our resources into every aspect of the case to ensure you receive the full measure of justice your loved one deserves.
What Kind of Damages Are Available for Wrongful Death in St. Louis, MO?
A wrongful death claim allows you to seek compensation for the damages your family suffered as a result of the death of a loved one.
These damages may include:
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Burial and funeral expenses
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Medical expenses related to your loved one’s illness or injury
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The value of benefits and wages the decedent would have reasonably earned and contributed if they had lived
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The pain and suffering your loved one experienced before death
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Reasonable value of consortium, services, companionship, guidance, training, support, instruction, and comfort your loved one provided to family members
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Value of elder care or child care your loved one provided
Missouri has a unique law for the value of care. Suppose your loved one was not employed full-time and cared for another family member (such as a sick or aging family member or child) at least 50% of the time. In that case, there is a rebuttable presumption that the value of the case was worth 110% of the state’s average weekly wage.
Note that surviving family members cannot recover damages for grief and bereavement in Missouri. However, other forms of non-economic losses are available.
Missouri law allows for additional damages if there were “aggravating circumstances” in the defendant’s behavior. Similar to punitive damages, these damages punish a defendant for behavior known to be dangerous with a high chance of resulting in someone else’s injury or death.
There is no cap on damages available in a wrongful death claim in Missouri. The only exception is non-economic losses in wrongful death cases involving medical malpractice, which are capped at $350,000, adjusted for inflation.
We Represent Families in All Types of Wrongful Death Cases in Missouri
Wrongful death cases typically involve negligence and human error. They may also be the result of intentional wrongdoing and crime, such as assault.
At Bradley Law wrongful death lawyers, we represent families who have lost loved ones in all types of cases, including:
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Premises liability cases such as slip and fall accidents
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Elder abuse and neglect
If someone else was responsible for your loved one’s death, you may have a wrongful death claim. Contact a Bradley Law wrongful death attorney for a free consultation with a St. Louis wrongful death attorney to discuss your case.
How Does a St. Louis Wrongful Death Lawyer Prove the Case?
To recover damages in your claim, you must prove that the defendant’s negligence or intentional actions caused your loved one’s death. You must also show your loved one could have sought damages through a personal injury claim if they lived and your family suffered financial losses as a result of the death.
Bradley Law wrongful death attorneys will conduct a thorough investigation into your loved one’s accident to gather evidence that proves fault. This evidence may include:
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Your family member’s medical records
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Property maintenance and inspection logs and past complaints or incidents for a premises liability case
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Cell phone records for a suspected distracted driver
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On-board vehicle data
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Witness statements
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Police reports, citations, and arrests related to the accident or crime
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Photos and videos of the scene of the accident
If the defendant was convicted of a crime like manslaughter or DUI, this can strengthen your wrongful death claim. However, it is not necessary, and the burden of proof is lower in a civil claim.
Bradley Law Personal Injury Lawyers will work with specialists in many fields as needed to analyze evidence and present expert testimony on how the accident occurred and who is at fault.
How Much Can a Wrongful Death Case be Worth?
Missouri treats wrongful death cases differently, based upon whether they result from health care related services. For this reason, wrongful death settlements largely depend upon how the fatal injuries occurred.
Missouri Wrongful Death Laws: No Caps for Missouuri Wrongful Death Caused by Non-Medical Claims
Fortunately, in Missouri, there is no cap on wrongful death cases resulting from non-health care services. That means, if you lost a loved one resulting from a car, truck or motorcycle crash, there is no cap for compensatory damages.
Missouri Wrongful Death Laws: Caps for Missouri Wrongful Death Caused by Medical Claims (Medical Malpractice)
Missouri statute caps wrongful death damages in medical malpractice cases against health care providers in connection with non-economic damages. Each year the Missouri Department of Insurance readjusts those caps to account for inflation pursuant to Missouri Statute 538.205. Currently, for 2024, the Missouri Department of Insurance set the cap for “non-catastrophic injuries” at $465,531 and for “catastrophic injuries” at $814,679. Again, this only applies to medical malpractice cases.
There is no cap for economic damages, like lost wages or medical bills.
When someone’s negligence or recklessness causes the death of another, they should be held accountable. Bradley Law wrongful death attorneys will put decades of experience and insight to work to give your family the closure and financial support you need after the loss of a loved one. Your family should not suffer a financial burden due to another person’s negligence.
Contact our law office today for a free consultation with a lawyer who understands the complexities of fatal crash cases in St. Louis. A Bradley Law wrongful death attorney is here to provide guidance, whether your loved one was involved in a fatal car accident in St. Louis or another type of wrongful death. Let us help you seek justice during this challenging time..
Our St. Louis wrongful death attorneys handle specialized cases involving:
Frequently Asked Questions (FAQ)
What percentage of wrongful death claims settle?
Most of the time, a skilled wrongful death lawyer can force an insurance company to pay their policy limits as long as liability is relatively clear.
How long does a wrongful death action take to conclude?
Wrongful death actions can take anywhere from a few months to a few years to be finalized. The variables including the nature of the negligent act, the complexity of the deceased person’s damages, whether a wrongful death action needs to be litigated, the insurance company policy limits, and other factors. Our law firm has settled cases within weeks. We have also litigated case for over 5 years. If and when there is an agreed upon settlement, a judge must approve the wrongful death claim and make a distribtion among the family members and approve the law firm fees.
Do all family members need to agree before a wrongful death action is filed?
No. Any member in Class 1 can bring a wrongful death claim without gettting approval from other family members.
Do you offer free consultations on wrongful death claims?
Yes. Our compassionate wrongful death lawyers will meet with you for a free consultation. At this time, we will provide you a free case evaluation.
What are the customary legal fees for handling a loved one’s death?
We work on a contingency fee basis, meaning a family member pays nothing unless we win. We only get paid if there is financial compensation for the fatal injuries. This is the same as personal injury cases.
What should I bring to the law firm for our free case evaluation?
Nothing. Our law firm will be fully prepared. If there is an available police report, we will obtain it.
Does the deceased person need to have an estate opened prior to filing a wrongful death claim?
No. The deceased person does not need to have a formal probate estate opened before a personal injury lawyer files the wrongful death claim. Further, there there is no need for a personal representative to be appointed.
Will the insrance company tell a family member us what the policy limits are?
Likely not until a wrongful death claim is filed by your personal injury attorneys. Insurance company strategy often involves leaving a family member with more questions than answers, not knowing what to do or the next step to take. Our personal injury attorneys will ensure your family member is treated fairly.
St. Louis Wrongful Death Client Testimonials
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St. Louis, MO Courts
- St Louis Magistrate Court – 10 N Tucker Blvd, St. Louis, MO 63101
- Missouri Court of Appeals – 815 Olive St #304, St. Louis, MO 63101
- US District Court Clerk – 111 S 10th St # 3.300, St. Louis, MO 63102
- St. Louis City Family Court – 920 Vandeventer Ave, St. Louis, MO 63108
