WRONGFUL DEATH LAWYERS IN CLAYTON

Losing someone unexpectedly is devastating. When that loss happens because another person or company acted carelessly, recklessly, or wrongfully, state law may allow surviving family members to pursue justice and financial accountability.

In general, a wrongful death occurs when a person dies as a result of another party’s negligence, misconduct, or wrongful act. These claims are governed by each state’s wrongful death statutes.

A wrongful death lawsuit allows eligible surviving family members to seek compensation for both the financial impact of the loss and the loss of the relationship itself.

To establish a wrongful death case in Clayton, an attorney typically must show:

• The defendant owed a duty of care
• That duty was breached
• The breach directly caused the death
• The surviving family members suffered legally recognized damages

Who may file the lawsuit and how compensation is distributed depends on the laws of the specific state.

Wrongful death claims can result from many types of preventable incidents. Although every case is different, certain accidents and acts of negligence are more commonly associated with fatal injuries. These may include:

• Car crashes caused by negligent or distracted drivers
• Pedestrian and bicycle accidents
• Commercial truck collisions
• Medical malpractice involving hospitals, doctors, or surgical centers
• Construction and other workplace accidents
• Drownings in residential or public swimming pools
• Dangerous conditions at businesses, apartment complexes, or other properties
• Defective or unsafe products
• Nursing home neglect or abuse
• Fatal injuries caused by violent or criminal conduct

Depending on the circumstances, any of these incidents may lead to a civil wrongful death claim, which is separate from any criminal case that may also arise.

If you suspect a wrongful death, it’s important to take immediate action to protect your rights and build a strong case. Here are the key steps you should take:

Obtain a Death Certificate

The official death certificate will document the cause of death, which may be important for your case.

Gather Evidence

Collect any medical records, accident reports, photographs, witness statements, or other relevant documentation that could support your claim. If the death occurred in a workplace or medical setting, request records related to procedures, treatments, or safety violations.

Contact Morgan & Morgan

A wrongful death attorney can evaluate your case and guide you on the best course of action. They can also help determine liability and the compensation you may be entitled to.

Avoid Speaking With Insurance Companies Alone

Insurance companies may attempt to minimize your claim. Consult with your attorney before providing any statements.

Determine Who Can File a Claim

Who can bring a wrongful death claim is determined by state law. Depending on the jurisdiction, the lawsuit may be filed by certain surviving relatives or by a representative of the deceased person’s estate for the benefit of eligible family members.

The people who may qualify can include a spouse, children, parents, or other relatives, based on the laws that apply where the claim is brought.

Be Aware of the Statute of Limitations

Every state sets a deadline for bringing a wrongful death claim. In Missouri, that filing deadline is important, and waiting too long could affect your ability to pursue the case.

Consider the Financial and Emotional Impact

Wrongful death claims may allow recovery for losses such as medical expenses, funeral and burial costs, lost financial support, and the loss of companionship, care, and guidance. An attorney can help evaluate the full scope of economic and non-economic damages available under state law.

Determining whether you have a valid wrongful death case depends on several key legal factors. Here’s what you should consider:

Was There Negligence or Misconduct?

To have a wrongful death case, you must prove that someone else's negligence, recklessness, or other actions caused the death. This can include:

• Car accidents caused by a reckless driver
• Medical malpractice due to a doctor’s error
• Unsafe workplace conditions leading to a fatal accident
• Criminal acts, such as assault or homicide

Did the Death Result From That Negligence?

There must be a direct link between the responsible party’s actions (or failure to act) and the death. For example, if a doctor misdiagnosed a treatable illness and the patient died as a result, that could establish a valid claim.

Do You Have Legal Standing?

Only certain individuals are permitted to file a wrongful death lawsuit, and eligibility depends on state law. In most states, the claim may be brought either by eligible surviving family members or by the personal representative of the deceased’s estate on behalf of those beneficiaries.

Those who may qualify can include a surviving spouse, children, parents, or other financially dependent relatives, depending on the specific laws of the state.

Are There Recoverable Damages?

A valid wrongful death claim must involve legally recognized losses, which may include:

• Medical expenses incurred before death
• Funeral and burial costs
• Loss of financial support, including future earnings and benefits
• Loss of companionship, care, guidance, and support

The types of damages available depend on state law and the specific circumstances of the case.

Is It Within the Statute of Limitations?

Each state has a deadline to file a wrongful death claim. If too much time has passed, you may lose the right to sue.

State law determines who is permitted to bring a wrongful death claim. In many states, the lawsuit is filed either by eligible surviving family members or by the personal representative of the deceased person’s estate on behalf of those beneficiaries.

Those who may qualify can include a surviving spouse, children, parents, or other financially dependent relatives, depending on the specific laws of the state.

If a personal representative has not been appointed, state probate procedures may allow one to be designated to pursue the claim on behalf of the estate and eligible survivors.

Missouri law sets deadlines for filing a wrongful death lawsuit. In many cases, the clock begins on the date of death, although the exact deadline can depend on the facts of the case.

Different timing rules may apply in situations involving:

• Medical malpractice
• Government agencies or public entities
• Circumstances where the cause of death was not immediately known

Because filing deadlines can be complex and missing one may prevent you from pursuing compensation, it is important to take action as soon as possible.

A wrongful death lawsuit and a criminal case can arise from the same incident, but they serve different purposes and follow different legal standards.

Purpose

• Wrongful death lawsuit (civil case): Filed by eligible family members or the estate to seek financial compensation for legally recognized losses, such as medical expenses, funeral costs, and loss of financial support. The goal is monetary recovery, not punishment.
• Criminal case: Prosecuted by the government to address violations of criminal law. The goal is punishment, which may include imprisonment, fines, or probation.

Burden of Proof

• Civil case: The plaintiff must prove liability by a preponderance of the evidence (meaning it is more likely than not).
• Criminal case: The prosecution must prove guilt beyond a reasonable doubt, a much higher standard.

Who Brings the Case

• Civil case: Filed by surviving family members or the estate, depending on state law.
• Criminal case: Filed by government prosecutors.

Possible Outcomes

• Civil case: May result in a financial award for the family.
• Criminal case: May result in criminal penalties, such as incarceration or fines.

Can both happen at the same time?

Yes. A civil wrongful death claim can proceed independently of any criminal charges related to the same incident.

A wrongful death lawsuit and a survival action are both legal claims that may arise when someone dies because of another party’s negligence, but they serve different purposes.

A wrongful death claim seeks compensation for the losses suffered by surviving family members as a result of the death. These damages may include funeral and burial costs, loss of financial support, and loss of companionship or services, depending on state law. The focus is on the impact the death has on surviving beneficiaries.

A survival action, on the other hand, is pursued on behalf of the deceased person’s estate. It allows the estate to seek damages the individual may have been entitled to recover if they had survived, such as medical expenses, lost income, and other losses suffered between the injury and death. Unlike a wrongful death claim, it essentially continues the legal claim the deceased person could have brought.

The key distinction is timing and purpose. Wrongful death claims address losses suffered by survivors after the death, while survival actions address losses the deceased experienced before passing. In some jurisdictions, both claims may be pursued together.

In a wrongful death case, compensation (also called damages) is intended to address legally recognized losses resulting from the death. The types of damages available depend on state law and the specific facts of the case.

Damages may include:

Economic losses

• Medical expenses incurred before death
• Funeral and burial costs
• Loss of financial support, including future income and benefits
• Loss of household services

Non-economic losses (where permitted by law)

• Loss of companionship, care, or guidance
• Loss of consortium

In some cases involving particularly reckless or intentional conduct, additional damages may be available under applicable state law.

Because wrongful death laws vary by state, an attorney can help determine what forms of compensation may apply in your situation.

Proving liability in a wrongful death case requires showing that the defendant’s actions (or failure to act) legally caused the death. While the process can be complex, most cases focus on establishing negligence, recklessness, or intentional misconduct.

Establishing Negligence (or Other Legal Theories)

In many wrongful death cases, the plaintiff, typically an eligible family member or estate representative, must prove that the defendant failed to exercise reasonable care.

To establish negligence, the following elements are generally required:

• Duty of Care: The defendant owed a legal duty to the deceased. For example, drivers must operate vehicles safely, and medical professionals must provide competent care.
• Breach of Duty: The defendant failed to meet that standard of care.
• Causation: The breach was a substantial factor in causing the death.
• Damages: The death resulted in legally recognized losses.

Intentional or Reckless Conduct

If the defendant’s actions were intentional or showed a reckless disregard for safety, the claim may rely on legal theories other than ordinary negligence. The plaintiff must still establish that the defendant’s conduct caused the death.

Evidence Used to Prove Liability

Establishing responsibility often involves gathering and presenting evidence, such as:

• Medical records
• Eyewitness testimony
• Expert analysis (medical, accident reconstruction, and economic experts)
• Police or incident reports
• Photographs or surveillance footage

Addressing Potential Defenses

Defendants may argue that the deceased was partially responsible for the incident. The effect of shared fault depends on state law, which may reduce or limit recovery in certain circumstances. Strong evidence and legal advocacy are essential to counter these arguments.

Legal Guidance Matters

Wrongful death cases can involve complex facts, multiple parties, and significant financial stakes. An experienced attorney can investigate the incident, preserve critical evidence, consult experts, and build a case designed to establish liability under applicable state law.

In a wrongful death case, an expert witness helps explain complex issues that are outside the common knowledge of the jury. Their role is to provide specialized knowledge that strengthens the case by supporting the plaintiff’s claims or refuting the defendant’s arguments. Expert witnesses are usually specialists in areas related to the case, such as medicine, accident reconstruction, or economics.

For example, a medical expert may testify about the cause of death, the severity of injuries, and how the defendant’s actions contributed to the fatal outcome. Similarly, an accident reconstruction expert might use evidence to show how an accident occurred and whether the defendant's behavior played a role in causing the death. By offering their expert opinions, these witnesses help the jury understand complex topics and make more informed decisions.

Yes, insurance can play a significant role in wrongful death claims. In many cases, the defendant (the person or entity responsible for the death) may have insurance coverage that could help compensate the surviving family members for their loss. 

Here’s how insurance may be involved:

• Defendant's insurance coverage: If the defendant is insured (for example, in a car accident or workplace accident), their insurance policy may cover damages awarded in a wrongful death case. The insurance company will typically handle the defense and may offer a settlement to avoid going to trial. This can help survivors recover financial compensation more quickly.
• Life insurance: If the deceased had a life insurance policy, the beneficiaries (such as the spouse, children, or other dependents) may be able to claim the death benefits. This is separate from a wrongful death lawsuit, but it can provide additional financial support.
• Employer’s insurance: If the wrongful death occurred due to a work-related accident, the employer’s workers' compensation insurance may cover certain expenses, though it typically does not cover non-economic damages like pain and suffering. In some cases, a third-party lawsuit can be filed if another party’s negligence (outside of the employer) contributed to the death.
• Settlements: Often, insurance companies prefer to settle cases before going to trial to avoid the cost and risk of a lengthy legal battle. In wrongful death cases, insurance companies may offer a settlement to the family to compensate for medical bills, funeral expenses, and lost income.

Insurance can be an important source of compensation in a wrongful death case, whether through liability coverage, life insurance, workers’ compensation, or another applicable policy. However, coverage limits and policy terms can affect what damages are available and how much compensation may be recovered.

Insurance companies may also dispute liability, damages, or the value of a claim. Having an attorney can help you navigate those challenges and advocate for your family’s interests.

While it’s not legally required to have a lawyer for a wrongful death claim, it is highly recommended. Wrongful death cases can be complex, involving legal procedures, evidence gathering, and negotiations with insurance companies or opposing parties. Having an experienced attorney can significantly improve your chances of securing fair compensation and navigating the legal process effectively.

Missouri’s wrongful death laws are strict and include specific guidelines for who can file a claim, what damages are available, and the statute of limitations. A lawyer ensures your claim follows all legal requirements.

Establishing that someone’s negligence or intentional actions caused the death also requires strong evidence, such as accident reports, medical records, expert testimony, and witness statements. Morgan & Morgan’s attorneys know how to build a solid case.

Insurance companies may try to limit what they pay by offering a low settlement or disputing responsibility altogether. An attorney can handle negotiations on your behalf, push back against unfair tactics, and help you pursue compensation that reflects the full value of your claim.

If a settlement isn’t reached, your case may go to trial. Litigation involves filing legal documents, presenting evidence, and arguing your case in court. An experienced Clayton attorney at Morgan & Morgan can handle these complexities and advocate for your rights.

Morgan & Morgan’s lawyers work on a contingency fee basis, meaning that there are no upfront fees or expenses until your case comes to a successful conclusion. That’s right—the Fee Is Free™, and you only pay if we win.

Our fee is a percentage of the settlement or verdict amount, ensuring we are motivated to achieve the best possible outcome for you.

We love talking to our clients. You will primarily communicate with your Case Manager via telephone and email, and if you would like to speak directly with your attorney via telephone, we will make that happen by scheduling a call.

When you hire Morgan & Morgan, you get more than one attorney. You get the strength and resources of America’s Largest Injury Law Firm™, backed by more than 1,100 lawyers serving clients across the country.

Your Clayton case will be supported by a dedicated legal team that may include attorneys, paralegals, and other professionals. A primary attorney will oversee your case, coordinate with the team, and help guide you through each stage of the process.

At Morgan & Morgan, our team of experienced attorneys has successfully represented countless clients in similar situations, securing millions in compensation. As the largest personal injury law firm in the country with law offices in every state nationwide, we have the resources, knowledge, and dedication to fight for your rights.

We work on a contingency fee basis, meaning you won’t have to pay unless we win your case. Morgan & Morgan believes justice should be accessible to all, so our motto is the Fee Is Free™—you only pay if we win.

We’re deeply rooted in Missouri and understand the local courts, judges, and insurance practices. Our firm has recovered billions for families nationwide and has the resources to take on large corporations, hospitals, and insurers.

Don’t bear the burden of your injuries on your own because of someone else’s negligence. If your family has lost someone due to negligence, contact Morgan & Morgan's Clayton team today for a free case evaluation to learn more about your legal options.