St. Louis Wrongful Death Lawyer
Compassionate St. Louis Wrongful Death Lawyer Helping Families Find Justice
The unexpected loss of a loved one is one of the hardest experiences a family can ever face. When that loss is caused by another party’s negligence or wrongful conduct, the grief is compounded by anger, financial uncertainty, and a desperate need for accountability. Funeral expenses arrive within days. The deceased’s income disappears overnight. Surviving spouses, children, and parents are left to put the pieces of their lives back together while still in shock.
Missouri law allows certain family members to hold the responsible parties accountable through a wrongful death action. At Kevin Etzkorn Law, attorney Kevin Etzkorn has spent more than two decades guiding St. Louis families through these claims with the sensitivity the situation requires and the courtroom strength the law demands. Call (314) 987-0009 today for a free, confidential consultation, or contact our St. Louis office online. There is no fee unless we recover for your family.
What Is a Wrongful Death Claim Under Missouri Law?
A wrongful death claim is a civil lawsuit brought when a person dies as a result of another party’s negligence, recklessness, or intentional misconduct. Missouri’s wrongful death statute is found at Missouri Revised Statutes Section 537.080. The statute creates a cause of action that did not exist at common law and carefully defines who can sue, what damages are recoverable, and how long families have to file.
Common Causes of Wrongful Death in St. Louis
The cases we handle most often arise from the same patterns of negligence that cause serious injury, except the harm is fatal. They include:
- Fatal car crashes on I-70, I-44, I-270, and other St. Louis area roads, often handled together with our St. Louis car accident practice.
- Commercial truck crashes that we investigate as St. Louis truck accident matters.
- Medical errors at hospitals across the BJC, SSM Health, and Mercy systems, which often overlap with our St. Louis medical malpractice work.
- Pharmacy and prescription errors that cause fatal overdoses or adverse interactions.
- Nursing home neglect resulting in fatal pressure ulcers, falls, sepsis, or dehydration.
- Workplace fatalities outside the exclusive remedy of workers’ compensation, including third party claims.
- Defective products such as faulty vehicle components, dangerous medications, or unsafe consumer goods.
- Acts of violence and inadequate security on commercial premises.
According to the Centers for Disease Control and Prevention, unintentional injury and preventable medical error remain leading causes of death in the United States, and many of those deaths form the basis of valid wrongful death claims.
Who Can File a Wrongful Death Lawsuit in Missouri?
Missouri’s statute creates a strict tier system for who has the right to bring a wrongful death claim. The categories are:
Class One: Spouse, Children, and Parents
In the first tier, the surviving spouse, the deceased’s children (including legally adopted children), and the deceased’s parents have priority to bring the claim. Lineal descendants of any deceased child may also recover, which means grandchildren can step into the place of a parent who has predeceased the decedent.
Class Two: Siblings
If there is no Class One survivor, the deceased’s siblings, or their descendants, may file the claim.
Class Three: Plaintiff Ad Litem
If there is no Class One or Class Two survivor, a court may appoint a plaintiff ad litem to bring the claim on behalf of the estate.
This tier system can become complicated in blended families, estranged families, and families with multiple potential plaintiffs. We help sort out who has standing and how to proceed when family relationships are fraught.
How the Recovery Is Divided
Wrongful death recoveries in Missouri are not distributed under the rules of intestate succession. The court apportions the recovery in proportion to the losses each statutory beneficiary has suffered, which means the analysis can vary significantly depending on the family situation. Our job includes making sure each family member’s losses are fairly presented.
Damages Recoverable in a Missouri Wrongful Death Case
Missouri law allows for a broad range of damages in a wrongful death case, including:
Economic Damages
Economic damages cover the financial losses the family has suffered as a result of the death. These include reasonable funeral and burial expenses, medical bills incurred between the injury and the death, the value of the income the deceased would have provided over their working life, and the value of services such as childcare, household maintenance, and family support that the deceased contributed.
Non-Economic Damages
Non-economic damages address the human side of the loss. They include pain and suffering of the deceased before death, loss of companionship, loss of consortium, loss of comfort, instruction, guidance, counsel, training, and support, and the mental anguish suffered by the surviving family members.
Aggravating Circumstances Damages
When the conduct that caused the death was particularly egregious, Missouri allows the jury to award additional damages for aggravating circumstances, which functions similarly to punitive damages. These come up most often in drunk driving fatalities, intentional misconduct cases, and cases involving outrageous corporate negligence. To learn more about the firm’s overall approach to high stakes injury litigation, visit our personal injury page.
How Long Do You Have to File a Wrongful Death Claim in Missouri?
Missouri’s wrongful death statute of limitations is three years from the date of death. Unlike some other states, the clock generally starts on the date of death rather than the date of the underlying injury. Three years can sound like a long time, but evidence disappears, witnesses move, and key records can be lost or destroyed. The earlier we start investigating, the stronger the case will be.
Special Deadlines for Government Defendants
When the at fault party is a state or local governmental entity, additional notice rules apply. Failure to provide proper notice within ninety days under Missouri’s Sovereign Immunity statute can bar an otherwise valid claim. If your loved one’s death involved a government employee or vehicle, this is yet another reason to call a lawyer right away.
How a St. Louis Wrongful Death Case Proceeds
Every case is different, but the general roadmap looks like this.
Step One: Investigation and Evidence Preservation
We begin by reviewing the death certificate, autopsy report, police investigation, medical records, and any other relevant documentation. We send preservation letters to potential defendants and gather physical evidence before it is lost.
Step Two: Identifying All Liable Parties and Insurance
We look beyond the obvious defendant for every party who shares responsibility, including employers, contractors, manufacturers, and premises owners. Identifying all available insurance coverage is critical because wrongful death damages often exceed any single policy.
Step Three: Building the Damages Case
We work with economists, vocational experts, life care planners, and other professionals to project lifetime economic losses. We also gather the testimony of family members, friends, coworkers, and clergy who can speak to who the deceased was and what their loss has meant.
Step Four: Negotiation, Mediation, and Trial
Many wrongful death cases settle through demand and mediation, but only at fair value. When defendants will not pay what the case is worth, we file suit, conduct discovery, and try the case to a jury. Kevin Etzkorn’s record of multi-million dollar results comes from a willingness to do exactly that. You can learn more about Kevin’s background and trial credentials on the firm’s about page.
Why Choose Kevin Etzkorn Law for Your Family’s Wrongful Death Case
Wrongful death cases require both a steady hand and a strong voice. We are a small, focused trial firm by design. We accept a limited number of cases so we can give each family the time and attention they deserve. We do not pass clients off to junior associates or paralegals. We communicate directly, keep families informed, and prepare every case as if it will go to a jury, because that is what produces full value.
We also work on a contingency fee basis, which means there is no fee to talk with us, no fee to investigate, and no fee unless we obtain a recovery for your family. The financial risk stays with us.
Frequently Asked Questions
Who has the right to file a wrongful death lawsuit in Missouri?
Missouri law gives priority to the surviving spouse, children, and parents of the deceased, with siblings and a plaintiff ad litem stepping in if no one in the first tier exists. The statute is strict about ordering and standing, so it is important to talk with a lawyer about who in your family has the right to bring the claim.
How long do I have to file a wrongful death claim in Missouri?
The general statute of limitations is three years from the date of death, though shorter notice deadlines can apply if a governmental entity is involved. Because evidence and witness recall fade quickly, we strongly recommend speaking with a lawyer well before the deadline approaches.
What kinds of damages can a family recover in a Missouri wrongful death case?
Families can recover economic damages such as funeral expenses, lost income, and lost services, plus non-economic damages including pain and suffering, mental anguish, and loss of companionship. In cases involving especially egregious conduct, additional aggravating circumstances damages may be available.
Will a wrongful death claim affect a related criminal case?
Wrongful death cases are civil actions and proceed independently of any criminal prosecution, though we coordinate closely with prosecutors when both are pending. The civil case can move forward whether or not the at fault party is criminally charged or convicted.
Talk to a St. Louis Wrongful Death Lawyer Today
Nothing can undo the loss of someone you love, but a wrongful death case can deliver accountability, financial security for your family, and a measure of justice. Call Kevin Etzkorn Law at (314) 987-0009 or contact our office online to schedule a free, confidential consultation. Our office is located at 231 S. Bemiston Ave, Suite 250 in Clayton, and we represent grieving families throughout the City of St. Louis, St. Louis County, St. Charles, Jefferson County, and the surrounding region. It costs nothing to call, and we only get paid if we recover for your family.
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Recent Outcomes
As a leading Missouri wrongful death lawyer, our firm has achieved significant outcomes in recent wrongful death cases, securing substantial settlements and verdicts for grieving families. Our track record of success reflects our commitment to delivering justice and financial compensation for those affected by tragic losses. With a deep understanding of Missouri’s wrongful death laws and a compassionate approach, we are dedicated to fighting for your rights and providing the expert legal support you need during this challenging time.
– One recent wrongful death case against a pharmacy settled confidentially after our client’s family member was distributed the wrong pills and subsequently died.
– Another wrongful death case against a nursing home recently settled confidentially. Our clients’ family member had died after she fell and broke several bones. She had been been left unattended in violation of home policies
– Settled for the limits of automobile insurance policies after a woman was struck and killed crossing a street at a stop light.
– Settled for the limit of a homeowners’ insurance policy after a child drowned in a swimming pool due to lack of supervision and proper security measures.
