Wrongful Death Lawyers in Missouri

Start Your Journey to Compensation Today

Wrongful death incidents can plague the deceased loved one’s family members for life. You may find yourself asking “why?” and while our firm can’t answer this difficult question, we can help you fight for deserved compensation.

We understand that money will never bring your loved one back. However at Kolker Law Firm, we believe it may ease the injustice of what you’ve experienced.

For the past several decades, we’ve been honored to represent individuals throughout Missouri. Our team has been awarded numerous times and is a member of the Multi-Million Dollar Advocates Forum®. This sets us apart from other law firms in the area, inspiring confidence in clients past, present, and future.

Call (314) 684-8285 to speak with a Missouri wrongful death lawyer today.

What Is a Wrongful Death?

When someone’s negligence causes another person’s death, the state considers this wrongful death. Specifically, under Missouri Revised Statutes section 537.080, a wrongful death is defined as "the death of a person resulting from any act, conduct, occurrence, transaction, or circumstance which, if death had not ensued, would have entitled such person to recover damages in respect thereof."

Wrongful death claims are essentially personal injury claims that are brought on behalf of a deceased party against the person or party responsible for their death, allowing surviving family members to pursue damages for the losses they’ve suffered. Family members include the surviving spouse, children, grandchildren, or even the individual’s parents.

Recovering Compensation in a Wrongful Death Claim

There are several losses associated with a wrongful death lawsuit, including the following:

• Costs of the funeral and burial: You want to have closure, including the funeral proceedings for your lost loved one. These expenses can be compensated if negligence was involved in the wrongful death.
• Medical expenses: If the decedent received medical care from the date of the injury until his or her passing, the medical costs may be factored into the compensation your family may recover.
• Lost income and benefits: The court may consider if the decedent was a primary source of income and the family may be compensated for the lost income and benefits that the family would have received had the loved one lived.

There are potentially other damages that may need to be considered such as the value of services and pain and suffering the individual endured before the death. The value of child or elder care provided by the decedent before death can also be considered as part of compensation.

Compensation Caps for Wrongful Death in Missouri

Missouri places specific caps on how much a family can receive in a wrongful death lawsuit. These caps are specific to certain causes of wrongful death and are specific to non-economic damages.

This means individuals cannot receive more than $350,000 (this changes each year based on inflation) for non-economic damages in medical malpractice cases leading to wrongful death.

Statute of Limitations for Wrongful Death in Missouri

Like any other civil claim, wrongful death lawsuits are subject to a legal deadline commonly known as a "statute of limitations." In Missouri, the statute of limitations for wrongful death lawsuits is three years from the date of death.

In other words, you have until the third anniversary of your loved one's passing to file a lawsuit against the responsible party or parties. If this time limit expires, you will essentially lose your right to sue and will be unable to seek a civil remedy for your loved one's passing.