Serving Grieving Families in St. Louis, Columbia, St. Charles, and Throughout Missouri

Losing someone you love because of another person’s negligence is one of the most devastating experiences a family can go through. You are grieving. You are trying to hold your family together. And at the same time, you may be facing financial uncertainty, unanswered questions about what happened, and the knowledge that the people responsible are not being held accountable. Strong Law, P.C. is here to carry that legal burden for you.

Our St. Louis wrongful death attorneys have been fighting for Missouri families who have lost loved ones due to another’s negligence since 1976. We approach these cases with both the compassion that grieving families deserve and the aggressive legal advocacy that produces results. No settlement offer will bring your loved one back, but a full and fair recovery can provide the financial security your family needs and deliver the accountability that justice requires.

With more than $7 billion recovered and 7 nationally acclaimed trial lawyers, Strong Law has the resources and the record to pursue every wrongful death case at the highest level. Call (314) 940-8300 for a free consultation. There is no fee unless we win.

FREE CASE REVIEW  |  (314) 940-8300  |  injury@stronglaw.com  |  No Fee Unless We Win

Why Strong Law, P.C. for a Wrongful Death Case in St. Louis

Wrongful death cases are among the most emotionally charged and legally complex matters in personal injury law. They require both the human sensitivity to work with families in crisis and the legal skill to build cases against well-defended defendants, often insurance companies and corporations with significant resources. Strong Law brings both.

Our Credentials

• Founded in 1976, with over 45 years of proven results for Missouri injury victims and their families
• $7+ billion in verdicts and settlements recovered
• 7 nationally acclaimed trial lawyers
• 99% positive client review rate
• Named to the Inner Circle of Advocates
• Recognized by Martindale-Hubbell AV Preeminent, Super Lawyers (Top 10 in Missouri), Best Lawyers in America, Lawyer of the Year (Best Lawyers), and US News Best Law Firms
• St. Louis office at 5100 Daggett Ave STE B, serving St. Louis, Columbia, and St. Charles

Missouri Wrongful Death Law: What Families Need to Know

Missouri’s Wrongful Death Act, codified at Missouri Revised Statutes Section 537.080, governs who may file a wrongful death claim, who the damages benefit, and how the recovery is distributed. Understanding the statute is essential to protecting your family’s rights.

What Qualifies as Wrongful Death in Missouri

A wrongful death claim arises when a person dies as a result of the negligence, recklessness, or intentional misconduct of another person or entity, and the death would have given the deceased a right to pursue a personal injury claim had they survived. Missouri law requires that the plaintiff prove the same elements that a surviving victim would have needed to establish in a personal injury case: duty, breach of that duty, causation, and damages.

Who Has the Right to File a Missouri Wrongful Death Claim

Missouri law establishes a priority system for who may bring a wrongful death claim. The statute designates three classes of potential plaintiffs:

• Class 1: the deceased’s spouse, children, or grandchildren. If any Class 1 beneficiaries exist, only they may bring the claim.
• Class 2: if there are no Class 1 beneficiaries, the deceased’s parents or siblings may bring the claim.
• Class 3: if there are no Class 1 or Class 2 beneficiaries, a plaintiff ad litem appointed by the court may bring the action on behalf of the estate.

Multiple Class 1 or Class 2 beneficiaries may bring a claim together and must cooperate in pursuing it. Disputes among beneficiaries about how to proceed or how to distribute a recovery can arise and must be managed carefully. Strong Law guides families through this process with sensitivity and clarity.

The Three-Year Statute of Limitations

Missouri wrongful death claims must be filed within three years of the date of death. This is a hard deadline. Missing it permanently bars the claim, regardless of the merits. There are limited exceptions, such as cases where the defendant fraudulently concealed information that prevented the family from discovering the cause of death, but these exceptions are narrow and require prompt legal counsel to evaluate. Do not wait.

The Relationship to the Criminal Process

A wrongful death civil claim is entirely separate from any criminal investigation or prosecution arising from the same event. The standard of proof in a civil case is preponderance of the evidence (more likely than not), which is significantly lower than the criminal standard of proof beyond a reasonable doubt. A defendant who was acquitted criminally, or who was never criminally charged, may still be held civilly liable for wrongful death. Strong Law pursues civil accountability regardless of the status of any criminal proceedings.

Common Causes of Wrongful Death in Missouri

Wrongful death claims arise from every type of negligence and misconduct that can cause a fatal injury. The most common causes we handle in St. Louis wrongful death cases include:

Motor Vehicle Accidents

Car accidents, truck collisions, motorcycle crashes, and pedestrian fatalities on St. Louis area roads account for a significant share of Missouri wrongful death cases annually. Fatal crashes on I-70, I-64, I-55, and I-270 through the metro area involve negligent drivers, distracted drivers, impaired drivers, and in many cases trucking companies with federal regulatory violations. When a fatal crash involves a commercial truck, multiple liable parties, including the driver, the carrier, and potentially the equipment manufacturer, must all be pursued.

Medical Malpractice

Fatal medical errors include surgical mistakes that cause life-threatening complications, anesthesia errors that result in oxygen deprivation, medication overdoses, failure to diagnose and treat conditions such as heart attacks, strokes, and sepsis in time to prevent death, and birth injuries that are fatal to the infant or the mother. Medical malpractice wrongful death cases require expert medical testimony and extensive preparation, and they are among the most aggressively defended claims in personal injury law.

Workplace Accidents and Construction Site Deaths

Fatal workplace injuries, including construction site falls, equipment accidents, and electrocutions on St. Louis area job sites, may give rise to wrongful death claims against third parties beyond the employer’s workers’ compensation coverage. General contractors, equipment manufacturers, and other subcontractors may all bear liability for a fatal workplace accident that the employer’s workers’ compensation insurance does not fully address.

Defective Products

Products that are defectively designed, negligently manufactured, or inadequately labeled can cause fatal injuries. Vehicle defects, defective safety equipment, dangerous household appliances, and defective industrial machinery are all documented causes of wrongful death with viable product liability claims.

Premises Liability Deaths

Fatal falls from unguarded heights, drownings in inadequately supervised pools, gas explosions from negligent property maintenance, and other premises-related deaths give rise to wrongful death claims against property owners and managers who failed to maintain reasonably safe conditions.

Nursing Home Neglect and Abuse

When a nursing home or assisted living facility fails to provide the standard of care required by state and federal regulations, and a resident dies as a result, the facility and its operators may face wrongful death liability. Malnutrition, dehydration, untreated pressure injuries, medication errors, falls from inadequate supervision, and deliberate abuse are all documented causes of nursing home wrongful death in Missouri.

Criminal and Intentional Acts

The family of a homicide victim may pursue a civil wrongful death claim against the perpetrator regardless of the outcome of criminal proceedings. In some cases, a wrongful death claim may also be pursued against a third party whose negligence allowed the violence to occur, such as a bar that over-served an intoxicated patron who later caused a fatal crash, or a property owner whose negligent security allowed an assault to occur.

What Damages Can a Missouri Wrongful Death Claim Recover?

Missouri’s Wrongful Death Act allows the family to recover compensation for both the economic losses caused by the death and the profound human losses that no amount of money can truly repair. Missouri does not cap wrongful death damages in most cases. Recoverable damages include:

Economic Damages

• Funeral and burial expenses
• Medical expenses incurred between the injury and the death, including emergency treatment, hospitalization, and any care provided before death occurred
• The present value of the deceased’s reasonably expected future earnings over their working lifetime, based on their education, career trajectory, age, and health at the time of death
• The economic value of the household services the deceased provided to the family, including childcare, domestic labor, and other unpaid contributions

Non-Economic Damages

• The grief, sorrow, and mental anguish suffered by surviving family members
• Loss of companionship, comfort, and consortium of the deceased
• Loss of the deceased’s parental guidance, instruction, and training for surviving minor children
• The pain and suffering experienced by the deceased between the time of injury and death, if consciousness was maintained during that period

Punitive Damages

When the death was caused by conduct that was especially egregious, reckless, or malicious, such as a drunk driver who deliberately got behind the wheel knowing the danger, a nursing home that knowingly understaffed its facility, or a manufacturer that concealed a known fatal defect, punitive damages may be available to punish the wrongdoer and deter others. Punitive damage awards in wrongful death cases can be substantial.

Call (314) 940-8300 or email injury@stronglaw.com for a free, compassionate case evaluation.

The Wrongful Death Case Process

Every wrongful death case is unique, but the general legal process follows a consistent arc. Understanding what to expect can help families make informed decisions during an already difficult time.

Investigation and Evidence Preservation

The foundation of every wrongful death case is a thorough investigation into the cause of death and the identity of all responsible parties. In vehicle accident cases, this means preserving physical evidence from the scene, obtaining event data recorder information, and reviewing the accident report. In medical malpractice cases, it means securing the complete medical record before anything is altered or missing. In workplace cases, it means documenting the job site conditions, preserving defective equipment, and obtaining OSHA records. Evidence degrades quickly. Strong Law acts immediately on these priorities when retained.

Expert Retention and Case Building

Wrongful death cases typically require expert witnesses to establish liability and to quantify damages. Accident reconstructionists, medical specialists, vocational rehabilitation experts, life expectancy analysts, and forensic economists all play roles depending on the nature of the case. Building this expert infrastructure is essential to presenting the full value of the case in negotiations and at trial.

Negotiation and Settlement

The majority of wrongful death cases resolve through negotiated settlement. Strong Law’s track record, trial preparation, and expert infrastructure create the negotiating leverage that produces fair settlements. Defendants and their insurers respond to the credible threat of trial. We never accept a settlement that does not reflect the full value of what the family has lost.

Trial

When a defendant refuses to settle for full value, Strong Law is prepared to try wrongful death cases. Our nationally recognized trial lawyers have the courtroom experience, the credibility, and the will to present these cases powerfully to a jury. The willingness to go to trial is not a posture. It is a genuine capability, and defendants and their insurers know it.

The Difference Between Wrongful Death and a Survival Action

Missouri recognizes two related but distinct claims when a death has been caused by another’s negligence.

A wrongful death claim, brought under Missouri Section 537.080, compensates the surviving family members for their own losses: the financial support they have lost, the companionship they have been deprived of, and the grief they carry. These damages belong to the family, not the estate.

A survival action, under Missouri Section 537.020, allows the deceased’s estate to bring the claims that the deceased themselves would have had if they had survived. This includes compensation for the deceased’s own pain and suffering between the time of injury and death, their own medical expenses, and their own property damage. These damages flow to the estate and are distributed according to the deceased’s will or Missouri intestacy law.

In many serious wrongful death cases, both a wrongful death claim and a survival action are appropriate and should be pursued simultaneously. Strong Law identifies and pursues all available claims for every family we represent.

Frequently Asked Questions: Wrongful Death Cases in Missouri

How long do we have to file a wrongful death claim in Missouri?

Three years from the date of death. This deadline is strictly enforced. Claims involving government entities may have additional notice requirements with much shorter deadlines, sometimes as short as 90 days. Do not wait to consult an attorney.

Does a criminal investigation affect our civil wrongful death case?

No. A civil wrongful death case and a criminal prosecution are entirely independent proceedings. You do not need to wait for a criminal case to conclude before pursuing civil accountability. In fact, waiting can be harmful because evidence degrades over time. Strong Law can begin building the civil case while criminal proceedings are ongoing.

What if our family member was partly at fault for the accident that killed them?

Missouri follows pure comparative fault. The family can still pursue a wrongful death claim even if the deceased was partially at fault, and the recovery is reduced proportionally by the deceased’s percentage of fault. Before accepting any finding of shared fault, have Strong Law evaluate the evidence independently. Defense teams routinely try to inflate the deceased’s fault percentage to reduce the recovery.

We lost a child. Can we pursue a wrongful death claim?

Yes. The wrongful death of a child is fully actionable under Missouri law. Damages include the grief and mental anguish of the parents, loss of companionship, and the value of the child’s future earnings over their expected lifetime. These cases are among the most emotionally demanding matters we handle, and we approach them with both the legal rigor they require and the compassion the family deserves.

The hospital or nursing home says our loved one signed paperwork limiting their legal rights. Does that matter?

Admission documents and medical consent forms do not waive the right to pursue a wrongful death claim for negligence. Waivers in healthcare contexts have significant limitations under Missouri law, and any argument by a healthcare provider that an admission agreement bars a wrongful death claim should be evaluated immediately by experienced counsel.

What does it cost to hire Strong Law?

Nothing upfront. All wrongful death cases are handled on a contingency fee basis. You pay no attorney’s fees unless and until we recover compensation for your family. Your consultation is always free.

Serving St. Louis and All of Missouri

• St. Louis City and St. Louis County
• Columbia, MO
• St. Charles, MO
• Clayton, Chesterfield, and the greater St. Louis metropolitan area

If you are unsure whether we serve your area, call us. Consultations are free and we will give you honest guidance on your options.

Talk to a St. Louis Wrongful Death Attorney Today

You have been through something no family should have to endure. The person responsible for your loss should be held fully accountable. Strong Law, P.C. has been standing up for Missouri families in their darkest moments for nearly 50 years. We will handle every aspect of the legal process with the professionalism and determination your case demands, so that your family can focus on healing.

$7+ billion recovered. 7 nationally acclaimed trial lawyers. 99% positive reviews. No fee unless we win.

Call Strong Law, P.C. at (314) 940-8300  |  injury@stronglaw.com  |  5100 Daggett Ave STE B, St. Louis, MO 63110

Strong Law, P.C.  |  stronglaw.com  |  Founded 1976  |  $7+ Billion Recovered