Wrongful Death Lawyers
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Terry Crouppen who has more than 40 years of legal experience as a personal injury attorney. Our last modified date shows when this page was last reviewed.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Terry Crouppen who has more than 40 years of legal experience as a personal injury attorney. Our last modified date shows when this page was last reviewed.
- Last Modified:
- November 18, 2024
The unexpected death of a family member is a difficult time no one can prepare for. The devastating effects of that loss are even greater when another person or entity is responsible for your loss. In addition to the emotional toll, families may face financial challenges without the support of the deceased person, as well as medical bills, funeral expenses, and burial costs.
The experienced wrongful death lawyers of Brown & Crouppen are here to help. Since 1979, we have recovered more than half a billion dollars for clients. If you’ve lost a loved one due to someone else’s negligence, you may be eligible to recover compensation. Get started with your wrongful death claim by calling (888) 795-0694 or requesting a free case evaluation online.
- Causes Of Wrongful Death
- How Does A Wrongful Death Lawsuit Work?
- Is There A Time Limit On Filing A Wrongful Death Lawsuit?
- Compensation Available In A Lawsuit For Wrongful Death
- Damage Cap for Wrongful Death Cases in Missouri
- How Insurance Companies Attempt To Minimize Compensation
- Wrongful Death Case Results
- How Our Wrongful Death Attorneys Can Help
- Get A Free Case Evaluation
If your loved one passed away because of someone else’s negligence in Missouri, you may be eligible to recover damages in a wrongful death lawsuit. You will likely have to go against a large insurance company that refuses to compensate you fairly. Our award-winning Missouri wrongful death lawyers have 40+ years of experience standing up to insurance companies, and we can help your family recover the compensation you deserve.
Missouri wrongful death laws allow grieving families to pursue damages for their emotional and financial losses when careless or intentional conduct leads to the death of a loved one. Insurance companies have many unfair advantages over grieving families because of their claims experience and ability to hire expensive lawyers.
No matter what they tell you, insurance companies fight for their own interests rather than yours, and their goal is to pay as little compensation as possible, if any. They won’t hesitate to blame your loved one for their death, minimize the pain of your family, or manipulate you into signing away your legal rights.
Our compassionate and experienced Missouri wrongful death attorneys level the playing field against big insurance companies by providing the highest quality legal representation with no upfront costs to you or your family. At Brown & Crouppen, we think everyone deserves access to the best representation possible.
Causes of Wrongful Death
Wrongful death is recognized as the wrongdoing, negligent act, or default of a party that caused the victim to die. Every year, families grieve the loss of a loved one who dies at the recklessness of another person or entity.
Many unfortunate circumstances can cause wrongful death, including:
How Does a Wrongful Death Lawsuit Work?
After losing a loved one, you may be eligible to file a lawsuit against the party who knowingly or negligently caused their death.
A wrongful death lawsuit works the same as a personal injury lawsuit in that the plaintiff must prove the wrongful death by a preponderance of the evidence. In other words, you must show that the defendant’s wrongful or negligent actions more likely than not caused the injuries that ultimately led to the death.
Your attorney will file a claim against the responsible party, present the facts and evidence, and attempt to negotiate a wrongful death settlement. Our attorneys are prepared to take your case to trial if a fair settlement cannot be reached. Surviving family members deserve accountability for the loss of a loved one, and we will work hard to ensure that justice is served.
What Do I Have to Prove in a Wrongful Death Lawsuit?
Again, plaintiffs in a wrongful death lawsuit in Missouri must prove that the death was more likely than not caused by the defendant’s misconduct, whether negligent or intentional. You will need strong evidence to show that the four legal elements of negligence are satisfied in order to meet this burden of proof. Those elements are:
1. Duty of Care
The at-fault party owed the deceased a duty of care. This is a duty to keep another person safe or refrain from doing something or acting in a way that could harm another person.
2. Breach of Duty
The at-fault party violated that duty and failed to provide the same level of care a reasonable person would.
3. Causation
The at-fault party’s breach directly led to the victim’s death. If it weren’t for these actions, your loved one would not have died.
4. Damages
The surviving estate or family members of the deceased suffered financial or personal losses due to the victim’s death.
Who Can File a Lawsuit for Wrongful Death?
The person eligible to file a wrongful death lawsuit typically depends on the state. In each state, however, the claim can be filed by immediate family members. This can include the surviving spouse, child, parent, siblings, or grandparents.
Who Can Be Sued in a Wrongful Death Lawsuit?
In the event of wrongful death, the surviving family members are eligible to file a lawsuit against the negligent party. Depending on the cause of death, this could include:
- At-fault driver
- Employer or co-worker
- Government agency
- Health care provider
- Product manufacturer
Is There a Time Limit on Filing a Wrongful Death Lawsuit?
Every state imposes deadlines on when wrongful death lawsuits must be filed. These deadlines are known as statutes of limitations. The Missouri wrongful death statute of limitations is three years from the date of death in most cases. However, every case is different, and exceptions may apply.
If you miss the deadline, you will lose your right to pursue damages for your loved one’s death. This is why it is crucial to contact a knowledgeable wrongful death attorney in Missouri as soon as possible after your loved one’s death.
Once this deadline passes, you will no longer be able to pursue a wrongful death lawsuit. Though exceptions may apply, it is wise to consult with an attorney before relying on them.
Compensation Available in a Lawsuit for Wrongful Death
A wrongful death lawsuit is intended to provide the surviving family members with financial support for economic and non-economic damages. Economic damages are compensation for your monetary losses stemming from the death. Non-economic damages are compensation for your family’s emotional losses.
Your compensation may include the following economic and non-economic damages:
- Medical bills and related expenses
- Funeral/burial costs
- Loss of expected income and benefits
- Pain and suffering
- Loss of consortium
- Loss of guidance and instruction
You may also qualify for punitive damages. These are awarded as a punishment against defendants whose conduct was intentional or outrageous, which could significantly increase the amount you receive.
The amount of compensation awarded varies from case to case, but several factors influence it, including the deceased person’s age, earning capacity, pain, and suffering, the age of the plaintiff, and their relationship with the deceased person.
Damage Cap for Wrongful Death Cases in Missouri
A damage cap is a limit on the amount of compensation you can recover in a civil lawsuit. Your compensation may be subjected to certain wrongful death damage caps in Missouri, but not all damages are capped:
- Economic damages – No fixed cap, but you are limited to the amount you can prove
- Non-economic damages – Cap of $700,000 in medical malpractice claims, but no caps in other personal injury claims
- Punitive damages – $500,000 or five times the total of the economic and non-economic damages, but no cap if the death stems from a felony for which the defendant is convicted
How Insurance Companies Attempt To Minimize Compensation
Insurance companies have extensive financial resources that they would rather give to expensive lawyers than grieving families who deserve compensation. They may claim to be on your side, but they are hoping you will slip up so they can find a legal way to escape liability. Their tactics often turn out to be successful when you lack the advocacy of a skilled personal injury lawyer.
The Lowball Settlement Offer
It is not uncommon for insurance companies to quickly offer a settlement that sounds generous at first. Early settlement offers are almost always lowball offers that do not take into account your family’s long-term losses. The insurance company is likely hoping you will accept this offer and might pressure you to do so quickly before you have a chance to assess the full extent of your losses.
You should never accept an early settlement offer from an insurance company without first allowing a knowledgeable wrongful death attorney to review it. You will be required to sign away your right to pursue additional damages later once you realize the settlement was too low.
Our seasoned wrongful death attorneys can review the offers you receive, determine whether they are reasonable, and calculate a meaningful amount to demand.
Blaming the Victim
If the insurance company can shift blame to your loved one, it can escape liability altogether. Even if the insurance company can only place part of the blame on your loved one, your family’s settlement can be negatively affected.
If you or anyone in your family was present during the accident, the insurance company may try to persuade you to make statements that could imply fault. The company may even pressure you to provide a recorded statement, which will then be played for its lawyers, who will use your words against your loved one.
This is why we advise that you avoid any conversations with the at-fault party’s insurance company or other representatives. Our skilled wrongful death lawyers in Missouri can handle all communications with the insurance company and protect your claim.
The “Friendly” Adjuster
Insurance adjusters review your losses and calculate the damages the insurance company should pay. They are often personable and may even make statements that make them appear to be on your side.
No matter what they tell you, adjusters work for insurance companies, and that is where their loyalties lie. Any apparent friendliness could be an attempt to bring your guard down so you feel comfortable making statements the insurance company can use against you.
For example, an adjuster may persuade you to make statements that minimize your loved one’s value or put blame on your loved one for the death. The adjuster may develop a rapport with you in hopes of gaining your trust so you will believe them when they tell you that a lowball settlement is actually generous.
Stall Tactics
The insurance company may seem very responsive at first, but this can all change after you refuse the early lowball settlement offer and resist the company’s other tactics. In many cases, the insurance company will simply stop responding to you in hopes you will give up or that the statute of limitations will run out.
Our experienced wrongful death attorneys in Missouri have been dealing with insurance companies for more than 40 years, and we have what it takes to overcome all of these tactics. Your family has already lost enough. Don’t let an at-fault party’s insurance company cheat you out of the compensation you deserve. Call us now at (888) 795-0694 to schedule a free case review.
Wrongful Death Case Results
We have helped thousands of people win life-changing results when they or their loved ones were harmed because of the carelessness of others. In total, we have won more than $1 billion in settlements and verdicts. Our successful wrongful death case results include the following:
- $40 million for the families of patients who suffered heart failure, stroke, and death after being prescribed a dangerous drug.
- $7.5 million won by our Kansas City wrongful death lawyers for a fatal altercation with an employee at a retailer in Kansas City, Missouri.
- $3 million for the family of a young child who died as a result of a defective product.
- $2 million secured by our St. Louis wrongful death attorneys for the death of a boat mechanic who suffocated after becoming trapped on a boat when the outboard motor shifted without warning.
- $250,000 for the family of a woman who fell down the stairs at a bank in Blue Springs.
Get started with a free consultation with one of our skilled Personal Injury Lawyers today.
Get started with a free consultation with one of our skilled Personal Injury Lawyers today.
How Our Wrongful Death Attorneys Can Help
When you hire one of our trusted Missouri wrongful death lawyers, we will handle the entire claims process for you and provide high-quality legal representation so you can focus on your family with the full assurance that your claim is in capable hands. You can count on us to:
- Prove your claim – We will fully investigate the incident that caused your loved one’s death and gather the evidence needed to prove who is liable and that the accident was not your loved one’s fault.
- Calculate your damages – We will analyze your loved one’s likely earning potential had they survived, your family’s expenses, and your family’s intangible losses so we can arrive at a fair and reasonable settlement amount.
- File your claim – We will deal with the liable parties’ insurance companies for you, file a claim with each liable company, and demand the settlement amount we calculated.
- File a wrongful death lawsuit – If the insurance companies refuse to pay fair and reasonable compensation, we will file a civil lawsuit on your behalf well ahead of the statute of limitations.
- Negotiate a settlement – Our accomplished legal team will fight for the settlement you deserve. We are successful in settling most of our cases, which would allow you to avoid a trial. However, if the insurance company fails to take responsibility, we will be well-prepared to fight for you in court.
We have 250+ legal professionals ready to serve you, and we are part of an extensive nationwide network of attorneys skilled in all areas of personal injury law. No matter what type of incident caused your loved one’s death, you can count on our capable Missouri wrongful death lawyers to meet your legal needs.
The wrongful death attorneys at Brown & Crouppen work on a contingency basis. This means our fee is contingent, or dependent, on winning your case. We don’t charge an hourly rate like many law firms — we only get paid if we win.
Get A Free Case Evaluation
Legal compensation following a loved one’s death can ease the financial burden and give your family a sense of justice. We are committed to providing top-tier legal representation to all families whose loved one’s lives were unfairly cut short, regardless of the type of claim or size of your potential recovery.
Our St. Louis law firm has been recognized as the Best Law Firm in St. Louis, and our attorneys have won numerous national, state, and local accolades that are only awarded to the most qualified attorneys. We have been recognized by:
- Super Lawyers
- Top 100 Personal Injury Lawyers
- Missouri Lawyers Media “Winningest Plaintiff’s Attorneys”
- Multi-Million Dollar Advocates Forum
- Martindale-Hubbell AV Preeminent Ratings
We have seven convenient locations throughout the state, and if you cannot come to us, we will come to you. You have nothing to lose by choosing Brown & Crouppen. There are no upfront costs or legal fees to work with us, and we only get paid if you win. Call our experienced Missouri wrongful death lawyers today at (888) 795-0694 or contact us online to schedule a free consultation.
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Our Results
- Last Modified:
- November 18, 2024
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