Frequently Asked Questions About St. Louis Wrongful Death Claims
Missouri law gives certain family members priority to bring a wrongful death claim, beginning with a spouse, children or surviving lineal descendants, and parents. Siblings and their descendants may qualify if no one in the first group is eligible.
Missouri generally gives families three years to file a wrongful death lawsuit under §537.100 RSMo. The applicable deadline can depend on the circumstances, so waiting can put your claim at risk.
Yes. If another driver’s negligence caused the crash and your loved one’s death, surviving family members may have grounds for a wrongful death claim. Crash reports, vehicle data, photographs, and witness accounts can help establish what happened.
Yes. A death caused by negligent medical care may support a wrongful death claim. These cases can involve complex medical evidence, expert testimony, and additional legal requirements, so an attorney should evaluate the circumstances carefully.
Missouri does not impose a general cap on wrongful death damages under §537.090 RSMo. However, deaths resulting from medical malpractice can be subject to statutory limits that apply to medical malpractice claims.
Missouri follows comparative fault principles, so your loved one’s share of fault may affect the amount recoverable. How fault is determined depends on the evidence and circumstances surrounding the accident.
There is no standard settlement amount. The value depends on factors such as your loved one’s income and support, medical and funeral expenses, relationship to surviving family members, and the losses recognized under Missouri law.
Not necessarily. Many wrongful death claims are resolved through settlement negotiations or mediation. If the parties cannot reach a fair agreement, however, the case may proceed to trial.
A criminal prosecution and wrongful death lawsuit are separate legal proceedings. A criminal case may provide relevant evidence, but its outcome does not automatically determine whether your family can pursue a civil wrongful death claim.
