Did you lose a family member in an unexpected accident in Creve Coeur, MO? You may have the right to recover compensation for wrongful death if someone else was responsible. An experienced Creve Coeur wrongful death lawyer at Schultz & Myers Personal Injury Lawyers can help you fight to recover compensation for medical bills, loss of financial support, pain, suffering, and more.
Our attorneys have a proven track record of successfully helping grieving families like yours. We bring over 100 years of experience to the table–and we’ve already recovered more than $100 million in compensation for our clients.
Why Should I Trust Schultz & Myers Personal Injury Lawyers To Handle My Wrongful Death Lawsuit?
Dealing with the loss of a loved one can be unbearable. On top of that grief, you may soon learn that it’s tough to get by financially without your loved one’s support–or that their medical bills are too much to handle.
An experienced Creve Coeur personal injury lawyer can help you fight to hold the responsible parties accountable. At Schultz & Myers Personal Injury Lawyers, our AV-rated attorneys have been recognized as Super Lawyers and The National Trial Lawyers’ Top 100 Trial Lawyers.
When you hire us, you’ll benefit from an experienced team who will:
- Help you understand your legal options and provide sound legal advice
- Investigate the circumstances of your loved one’s death
- Gather evidence to build your case
- Hire experts when their testimony can help establish your case value or prove causation
- Negotiate with the insurance companies for a fair settlement
It can be difficult to think about money or legal issues when you lose a loved one. Let our Creve Coeur personal injury attorneys handle the details while you take care of your family. Contact our team today to learn more about this area of law.
What Is Wrongful Death?
Wrongful death is the legal term used when one party’s negligent, reckless, or wrongful actions cause someone else’s death. A wrongful death can be caused by an accident, like a car wreck. Wrongful death can also occur because of intentional wrongdoing, such as assault.
When a wrongful death happens, surviving family members have the right to file a wrongful death lawsuit. Wrongful death cases are civil matters. The goal is to recover financial compensation from the responsible party in civil court.
Under Missouri wrongful death laws, survivors have the right to file a wrongful death claim if the victim died in a situation where they would have been entitled to file a personal injury lawsuit had they survived.
Who Can File a Wrongful Death Lawsuit in Missouri?
Specific rules govern the parties who are entitled to file a wrongful death claim in Missouri.
A wrongful death claim can be brought by:
- A surviving spouse
- The victim’s children
- The victim’s surviving parents
- Grandchildren, if the victim’s children are deceased
If none of these parties exist, the decedent’s surviving siblings, nieces, or nephews can file the action for wrongful death.
If the victim is not survived by family members, the victim’s personal representative or a court-appointed “plaintiff ad litem” can seek compensation from the responsible parties.
What Is My Creve Coeur Wrongful Death Case Worth?
The variables that will be most important when assessing your case value include:
- The cost of your loved one’s medical treatment prior to death
- The victim’s age and life expectancy prior to the accident or injury
- The circumstances of the death
- The identity of surviving family members, including the ages of dependent children
- The pain and suffering endured by your loved one prior to death
- The victim’s future earning potential, considering work history, education, and prior earnings
- How the victim contributed to the family, considering household services, child care, and their role in raising children
It’s important to understand your case value before filing a claim for compensation. Your case is different from any other. Our wrongful death lawyers in Creve Coeur are here to help you weigh the various factors that will influence your case value.
What Types of Damages Are Available to Accident Victims in Creve Coeur?
The damages that you can recover in a wrongful death case are listed in the Missouri wrongful death law. Like most personal injury victims, your family can seek compensation for certain economic and non-economic losses.
Examples of the types of damages that your family may be entitled to recover in a successful wrongful death case include:
- Medical expenses incurred from the date of the injury until the date of death
- Loss of financial support
- Funeral expenses and burial costs
- The reasonable value of household services performed by the decedent
- The value of childcare or elder care provided by the decedent
- Loss of consortium
- Loss of companionship and support
- Loss of parental instruction, training, and guidance
You’re also entitled to seek compensation for any damages the decedent suffered between the time of injury and the time of death. That includes the pain and suffering your loved one endured prior to death.
However, under Missouri law, surviving families are not entitled to recover compensation for grief and bereavement.
If the deceased person was not employed full-time and was responsible for the care of a child, disabled person, or someone over 65, the value of those services is presumed to be 110% of the state average weekly wage.
Can I Recover Damages If My Loved One Shared Some Fault for a Fatal Accident in Missouri?
Missouri follows a pure comparative negligence law. Liability is apportioned between all parties to an accident. When victims share some fault, their damages are reduced by their percentage of fault. So, if your loved one is found to be 40% responsible for their own death, your family is only entitled to 60% of your settlement or verdict.
Our Creve Coeur wrongful death lawyers can make sure your interests are maintained and that fault is apportioned fairly. Learn more about our legal services by calling today to schedule your free consultation.
Our Lawyers in Creve Coeur Represent Families in All Types of Wrongful Death Cases
At Schultz & Myers Personal Injury Lawyers, we often represent families in wrongful death claims involving:
- Car accidents
- Premises liability, including slip and fall accidents
- Workplace accidents
- Assault and other types of intentional violence
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Truck accidents
- Bus accidents
- Uber or Lyft accidents
- Boating accidents
- Construction accidents
- Dog bites
- Defective products
- Medical malpractice
- Nursing home abuse
- Negligent security
The type of accident involved doesn’t matter. If someone else was responsible for causing your loved one’s death, you may have a valid wrongful death claim. To learn more about your legal options under Missouri law, contact our Creve Coeur wrongful death attorneys today.
How Do I Prove Negligence After a Fatal Accident in Creve Coeur, MO?
To file an action for wrongful death in Missouri, you must be able to prove that your loved one had the right to file a personal injury lawsuit prior to death. As the survivor, it will be up to you to prove that someone else was responsible for your loved one’s death.
Like most personal injury cases, most wrongful death claims are based on negligence.
Negligence means that:
- Someone owed your loved one a duty of care
- They breached their duty
- The breach caused your loved one’s death
- Your family suffered damages
Surviving family members don’t always know exactly what happened to cause their family member’s death. You may not have been present when the accident occurred. Our lawyers can help you get the answers you need.
We’ll review all available evidence, including:
- Police and accident reports, including records of arrests or citations made in connection with your loved one’s death
- Medical records
- Statements from witnesses
- Property maintenance or inspection records in premises liability cases
- Vehicle dash cam footage
- Video footage from traffic lights or surveillance cameras
- Testimony from experts and specialists
- Photos of the accident scene
The types of evidence that will be most valuable to your case depend on the circumstances of your loved one’s death. To learn more about how our lawyers can help prove your right to compensation, contact our law firm for a free case review today.
How Long Do I Have To File a Lawsuit After a Deadly Accident in Missouri?
You have only three years to file a wrongful death lawsuit in Missouri. The three-year statute of limitations starts to run on the date of your loved one’s death. Once three years pass, you lose the right to take legal action and sue for damages.
It’s always a good idea to speak to an experienced attorney as soon as possible. Our lawyers can take action today to make sure you don’t miss the deadline in your case.
Contact a Creve Coeur Wrongful Death Lawyer for a Free Initial Consultation
Are you grieving the loss of a loved one? Do you suspect that someone else was responsible? Our lawyers at Schultz & Myers Personal Injury Lawyers are here to help you hold the at-fault parties accountable. Contact us today to schedule a free consultation with an experienced Creve Coeur wrongful death attorney who can help.