Losing a family member because of someone else’s negligence or misconduct is among the most devastating experiences a family can face. The grief is immediate. The financial consequences often follow quickly after: medical bills from the period before death, funeral costs, lost income, and the long-term absence of someone who provided care, guidance, and support. Missouri law allows surviving family members to pursue accountability through a wrongful death claim, and at Bruntrager & Billings, P.C., our St. Louis wrongful death attorneys have been doing exactly that for families across the region since 1954.
We understand what is at stake in these cases, not just financially, but in terms of the record that gets established about how and why your loved one died. Our goal is to build the strongest possible case on your family’s behalf, hold responsible parties accountable, and pursue compensation that reflects the full scope of what has been lost.
Under Missouri Revised Statutes § 537.080, a wrongful death claim may be brought when a person dies as a result of another party’s negligent, reckless, or intentional conduct in circumstances where the deceased would have had the right to bring a personal injury claim had they survived.
Missouri law specifies who may bring a wrongful death action. Claims are filed in the following order of priority:
Only one wrongful death action may be brought against any one defendant for the death of any one person under Missouri law. This means that family members who are eligible to bring a claim must act together, and disputes over the distribution of proceeds may need to be resolved as part of the case.
Wrongful death claims arise across a wide range of circumstances. In St. Louis, several categories of cases appear with particular frequency.
Truck crashes are a leading cause of wrongful death claims in St. Louis. Grand Boulevard has ranked as the city’s most dangerous street for multiple consecutive years, and Kingshighway Boulevard, Jefferson Avenue, I-55, and Delmar Boulevard are consistently among the corridors with the highest concentrations of fatal crashes. When another driver’s negligence, a trucking company’s safety violations, or a defective vehicle component causes a fatal car crash on these or any other St. Louis roads, a wrongful death claim may be brought against the responsible party.
The St. Louis metropolitan area has more than 180 nursing homes. When facilities fail to provide adequate supervision, administer medications correctly, or protect residents from harm, the consequences can be fatal. Families who lose a loved one to nursing home negligence or abuse have the right to pursue a wrongful death claim against the facility and, in some cases, individual staff members.
Fatal workplace injuries can give rise to wrongful death claims when a third party’s negligence contributed to the death, beyond what workers’ compensation covers. Construction accidents, industrial incidents, and equipment failures are among the most common scenarios in the St. Louis area.
Defective products that cause fatal injuries can support wrongful death claims against manufacturers, distributors, or sellers, including vehicle components, industrial equipment, and consumer products with design or manufacturing defects.
St. Louis is home to major medical centers, including Barnes-Jewish Hospital, SSM Health Saint Louis University Hospital, and Mercy Hospital. When a healthcare provider’s failure to meet the accepted standard of care results in a patient’s death, whether through a misdiagnosis, surgical error, medication mistake, or failure to act on warning signs, the surviving family may have grounds for a wrongful death claim. Note that Missouri caps non-economic damages in medical malpractice wrongful death cases, which makes thorough case evaluation especially important.
Missouri law allows wrongful death claims to proceed even when the responsible party also faces criminal charges. A criminal conviction is not required, and the civil and criminal proceedings are evaluated under different standards of proof. Families who lose a loved one to violence have the right to pursue civil accountability regardless of how the criminal case resolves.
St. Louis has a high rate of wrongful deaths caused by car accidents. Our approach to handling auto wrongful death cases is comprehensive and well-thought-out, ensuring we consider every aspect of your case for optimal resolution.
Our wrongful death lawyers in St. Louis conduct meticulous investigations to gather all relevant evidence. This includes reviewing police reports, obtaining witness statements, analyzing photographs from accident scenes, and working with accident reconstruction experts. By piecing together the events leading up to the accident, we can build a strong liability case.
We work closely with a team of experts to strengthen your case. These professionals include medical experts who provide insights into the extent and implications of injuries, as well as accident reconstructionists who determine fault. Our wrongful death attorneys ensure we have the expert testimony needed to substantiate your claim.
Our team is skilled in both negotiation and litigation. While we always aim to reach a fair settlement through negotiations, we are fully prepared to take your case to court. Our wrongful death attorneys in St. Louis are experienced litigators who will aggressively advocate for your rights and interests.
A wrongful death claim in Missouri requires establishing that the defendant owed a duty of care to the deceased, breached that duty through negligent or wrongful conduct, and that the breach directly caused the death and resulting damages to the family. The evidence varies by case type, but might include police reports, accident reconstruction, and vehicle data in traffic cases, or expert review of the standard of care in medical cases. Our wrongful death lawyers in St. Louis identify what matters in each specific situation and build the case accordingly.
Missouri Revised Statutes § 537.090 provides broad authority for damages in wrongful death cases. The trier of fact may award compensation that is fair and just for the death and the losses it has caused. Recoverable damages include:
If your loved one received medical treatment before their passing, you may be able to recover those costs. This includes hospital bills, surgery expenses, medication costs, and related fees.
Funeral and burial expenses can be overwhelming. Compensation for these costs can help ease the financial burden during this difficult time.
The death of a loved one often means the loss of financial support. Compensation for lost wages and benefits helps cover the income your loved one would have provided had they lived.
Compensation for pain and suffering acknowledges the immense emotional distress caused by the wrongful death. While no amount of money can replace a loved one, this compensation can help alleviate some of the emotional burden.
The loss of a loved one also means the loss of companionship, love, and guidance. Compensation for loss of companionship seeks to address this significant emotional loss.
Missouri does not cap wrongful death damages in most cases, which means the full scope of what a family has lost, financially and personally, can be presented and argued before a jury. Note that RSMo § 537.095 does not permit recovery for grief and bereavement as a standalone category, but loss of companionship, comfort, and guidance are expressly recoverable and are distinct from grief.
Under RSMo § 537.100, wrongful death claims in Missouri must be filed within three years of the date of death. This deadline is firm, and cases not filed within the three-year window are generally barred from proceeding regardless of the strength of the underlying facts. The safest approach is to consult with our St. Louis wrongful death attorneys as early as possible. Early action preserves evidence, protects witness recollections, and avoids the narrowing of options that comes as deadlines approach.
Bruntrager & Billings has represented St. Louis families in wrongful death cases and other legal matters for over 70 years. Our firm brings 168 years of combined attorney experience and a trial record that has earned national media recognition on CNN, NPR, Fox 2, and in the St. Louis Post-Dispatch. We have recovered more than $50 million for clients and tried over 1,000 cases. When attorneys in the St. Louis area need their own legal representation, many of them call us, a reflection of the results we have built over generations.
Every wrongful death case begins with a comprehensive investigation, including reviewing all records, obtaining witness statements, working with accident reconstruction specialists or medical experts, and identifying every party whose conduct contributed to the death. We handle negotiations directly, and when a fair resolution cannot be reached, we are prepared to take the case to trial. There are no upfront costs, as we handle wrongful death cases on a contingency fee basis.
A wrongful death claim cannot undo what has happened. What it can do is establish a clear record of responsibility, provide financial stability for a family that has lost a primary earner or caregiver, and hold accountable those whose conduct caused the loss.
If you have lost a loved one due to another party’s negligence or misconduct, contact our office to schedule a free consultation. Our dedicated team at Bruntrager & Billings, P.C. is here to help.
At Bruntrager & Billings, we are dedicated to providing unparalleled legal services to our clients. Trust us to handle your wrongful death case with the commitment and compassion it deserves. Let us help you find justice and obtain the compensation that reflects your loss.
In Missouri, the statute of limitations for filing a wrongful death claim is generally three years from the date of death. It is important to act promptly to ensure that your claim is filed within this timeframe to preserve your right to seek compensation.
Compensation in a wrongful death claim can include:
Compensation is determined based on various factors, including:
The duration of a wrongful death case can vary depending on the complexity of the case, the willingness of the parties to negotiate, and the court’s schedule. Some cases may be resolved in a few months, while others may take several years to conclude.
Yes. Missouri follows a pure comparative fault system, which means a wrongful death claim can proceed even if the deceased shared some responsibility. The total damages awarded may be reduced in proportion to the deceased’s percentage of fault, but the claim is not barred.
The absence of insurance does not eliminate all options. Depending on the circumstances, other parties may bear responsibility, such as a trucking company, an employer, a property owner, or a product manufacturer. Uninsured motorist coverage through the deceased’s own policy may also be available. Our attorneys examine all potential sources of recovery before concluding that options are limited.
Any documentation related to the death and its circumstances can be helpful, including police reports, medical records, correspondence with insurance companies, and any information about the responsible party. If you do not have these materials yet, that is not a barrier. We can help identify and obtain records as part of the process.
A wrongful death claim is brought by surviving family members for their own losses, including financial support and loss of companionship and guidance. A survival action is brought on behalf of the deceased’s estate for damages the deceased personally suffered before death, such as pain and suffering or medical expenses between injury and death. Missouri permits both types of claims, and in many cases, they are pursued together.
No. Missouri law permits only one wrongful death action against any one defendant for the death of any one person. All eligible family members must be part of the same claim, and disputes over the distribution of proceeds are resolved within that single action.