When a wrongful death happens and your loved one is lost, your own life is forever changed. You may experience both financial loss and emotional damage due to the death, and you deserve to be compensated for both. Drafahl Law Firm is here to help make that happen.
Our personal injury lawyers in St. Louis will fight to get you fair payment for all of the economic and non-financial damages the death causes you to experience.
Give us a call at (314) 300-6260 to schedule your free consultation to learn more.
Choose Drafahl Law Firm St. Louis Wrongful Death Attorneys to Handle Your Claim
Among Missourians ages one to 44, unintentional injuries are the leading cause of death. According to the Missouri Department of Health & Senior Services, a total of 1,755 fatalities occurred among this age group in 2023, with more years of potential life lost due to injury compared with any other cause of death.
The report also states that motor vehicle accidents are a leading cause of early death among young people, and were the cause of 1,057 fatalities throughout 2022 — a St. Louis car accident attorney fight to get the justice your loved one deserves. Car crashes are just one of many causes of wrongful death, though.
At Drafahl Law Firm, we have represented those who lost loved ones in all different types of accidents. Whether your family member was killed in an auto accident, due to a fall or act of violence resulting from negligent security, or experienced any other fatal injuries due to negligence or wrongdoing, we have the necessary experience to fight for you.
You should turn to our firm because:
- We have helped clients recover millions of dollars in wrongful death damages to compensate for a lifetime of lost wages, lost relationships, and emotional distress
- We are members of the Missouri Association of Trial Attorneys and the American Association for Justice, and we have a proven track record of professional recognition
- Our team consists of skilled litigators and talented negotiators who can help to recover wrongful death compensation both inside and outside of court
- Many past clients have praised our skillful and compassionate representation, making clear that they received fair offers when their insurers realized we wouldn’t back down and stating that we are attorneys who are “fearless in court and adamant about providing the best outcome for..clients.”
A lot of money is at stake in wrongful death claims because you have a lifetime of loss, so you can’t afford to trust just any lawyer with your claim.
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Drafahl Law Firm Can Help When Your Loved One Was Killed
Revisor of Missouri Section 537.080 states that “whenever the death of a person results from any act, conduct, occurrence, transaction, or circumstance which, if death had not ensued, would have entitled such person to recover damages… the person or party who… would have been liable if death had not ensued shall be liable in an action for damages.”
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The same statute says a wrongful death claim can be filed by:
- Spouses, children, or surviving lineal descendants of deceased children
- The natural adoptive mother or father of the deceased
- The brother or sister of the deceased, or by a plaintiff ad litem, if there is no spouse, children, lineal descendants, or parents.
Drafahl Law Firm can assist in determining who should sue for wrongful death and will work throughout the claim to fight for justice for eligible plaintiffs. Our firm will gather evidence, put together a solid case, aim to negotiate an out-of-court settlement or bring our decades of collective trial experience to your case to fight for justice.
What Is the Criteria for a Wrongful Death Claim?
When someone passes away because of another person’s careless or reckless behavior, the surviving family might have a wrongful death claim. To bring this kind of lawsuit, you need to show certain elements. Here’s how this works:
Duty of Care
The law expects people to act in a way that doesn’t put others in harm’s way. This is called “duty of care.” To prove a wrongful death claim, you need to show that the person you are claiming to be at fault owed you a duty of care. For example, drivers have a duty to pay attention to the road and follow traffic laws.
Breach of Duty
Next, you must show that the person or company did not fulfill that responsibility. This is called a breach of duty. This could be any number of things depending on how the death occurred. It could be a truck driver texting or a driver not using their turn signal. It could also be something like a doctor not providing appropriate care.
Causation
You also need to prove that the breach of duty led directly to your loved one’s death. Causation connects the careless act to the outcome. For example, if the texting truck driver runs a red light and hits another car, the driver’s behavior caused the fatal accident.
Damages
Finally, the family must show that they have suffered some type of harm – such as funeral bills, lost income, or lost relationships – because of the death. All of these elements have to be shown for a wrongful death lawsuit to move forward.
How Much Compensation Can You Receive From a Wrongful Death Claim?
There is no set amount of compensation you will recover from a wrongful death claim. The amount depends on several factors that are looked at when a victim’s family brings a claim after losing a loved one. Every case is different and certain details will affect how much money you might receive.
The Earnings and Career of the Deceased
The age, health, occupation, and earning history of your lost loved one plays a large part in the calculation. Courts often estimate how much income the person likely would have provided their family had the incident not happened. This looks at current wages as well as promotions that could have been earned. Sometimes support for education and other non-wage benefits are included.
Support and Emotional Guidance Lost
Children, spouses, and even sometimes parents can claim more than lost salary. The emotional loss, the companionship, guidance, and care that the person gave, can all be factored in. This idea refers to what is often called loss of consortium or loss of companionship. Assigning a dollar figure for emotional hardship isn’t straightforward, but it is possible for the court to estimate how much the survivors have lost in this area.
Medical and Funeral Costs
Treatments or hospital bills that came just before their death may count as damages too, along with funerals, cremation, or burial expenses. The law allows families to recover many final expenses, as long as those costs are directly tied to the accident or wrongful act.
Circumstances of the Wrongful Death
How the death happened is part of the calculation. Was the event due to an accident, recklessness, or something more serious like intentional harm? Higher levels of negligence might bring greater awards, and sometimes punitive damages are allowed to punish especially harmful behavior.
The best way to get an idea of what you could be entitled to is to speak with a wrongful death lawyer right away. They can review your case and give you a better idea of potential outcomes.
How Long Does It Usually Take to Come to a Decision for a Wrongful Death Claim?
Losing someone to wrongful death is devastating, and legal matters can feel overwhelming in the middle of grief. Many questions come up after a tragic loss. One that comes up often is how long it takes to come to a decision in these types of cases. The length depends on many details and the path your case takes.
Typical Timeframe for Wrongful Death Claims
Most wrongful death claims take anywhere from several months up to a few years to resolve. There’s no fixed deadline. Some cases can settle quickly if both sides agree on the facts and an amount. Others stretch longer when things are more complicated, go to court, or if the parties can’t come to terms.
Factors That Affect the Timeline
A number of circumstances can shorten or lengthen the claim process. This tends to include:
Medical Treatment and Recovery
If your injuries are still being treated, the legal team may wait to fully understand how severe they are and what future care you might need. Settlements often cover long-term medical costs, so waiting for a clear prognosis keeps you from settling for less than you deserve.
Cooperation from the Other Side
Sometimes the other party or their insurance company will cooperate and move quickly. Other times they can delay things, asking for extra paperwork, slow to respond, or stalling negotiations.
Availability of Witnesses and Evidence
Tracking down witnesses, collecting camera footage, or securing expert opinions may take unexpected time, especially if someone moves out of the area or paperwork gets lost.
Disputes Over Fault
Sometimes, nobody can agree who really caused the accident or injury. If both sides strongly disagree, that can drag the process out due to extra investigation or even going to trial.
Claim Value and Amount of Money Involved
More serious injuries and cases involving larger amounts may go slower. Insurance companies look closer at big claims, often looking at ways to reduce their liability and therefore your payout.
The exact amount of time it will take for your case to be resolved is hard to say. When you speak with your lawyer, they can give you a better idea.
Settlement Compared to a Jury Trial
Many people think of lawsuits ending in front of a jury, but most wrongful death claims actually resolve through a settlement before the case ever gets to trial. Settlement talks can start early and sometimes happen within weeks, though bigger or more contentious cases will need many rounds of back-and-forth and careful review.
A settlement usually finalizes quicker than waiting for a judge and jury. Once the family and defense reach an agreement, court approval, when needed, doesn’t take long. This route saves both time and stress. If talks stall or the other side denies wrongdoing, the matter may proceed to a full trial. Going to court almost always makes the whole process longer, sometimes reaching a year or even more. This is due largely to preparation steps, time spent scheduling motions, and waiting for an open trial date.
Types of Wrongful Death Claims
Types of Wrongful Death Claims in St. Louis
When someone dies because of another’s behavior, the surviving family may have a claim for wrongful death. Understanding some of the types of wrongful death cases can give you an idea of whether you have a legal claim or not.
Motor Vehicle Accident
Many wrongful death cases result from crashes on the road. Negligence happens when someone speeds, drives under the influence, texting, or otherwise ignores safety. Evidence often includes the police report, detailed pictures from the crash, statements from witnesses, and sometimes reconstruction of how the collision happened.
Medical Malpractice
If a healthcare worker’s mistake leads to death, the court looks for proof that the doctor or staff’s treatment was below the standard level of medical care. Families must confirm what should have been done through an expert in that specialty. Winning such a case often means spelling out the exact cause – such as how a missed diagnosis led straight to a preventable loss.
Nursing Home and Residential Care Neglect
provide too little help, leave people unsupervised, or ignore basic needs. Important records include medical charts, statements from other residents, records on staff attendance or training, and the home’s safety guidelines.
Premises Liability
Owners and landlords must keep property reasonably safe. Wrongful death claims can arise when hazards are left unchecked, such as broken smoke detectors, missing handrails, unlit parking lots, or blocked emergency exits. Evidence often includes video footage, prior complaints, inspection logs, and witness statements. A premises liability lawyer in St. Louis will use this evidence to build a case and get you the compensation you deserve.
Workplace or Construction Incidents
Workers lose their lives on hazardous job sites all the time, unfortunately. Legal options can include filing for workers’ compensation or filing third-party lawsuits against someone other than the employer, like subcontractors or equipment suppliers. Investigation relies on OSHA records, statements from coworkers, equipment maintenance files, and the terms of work contracts.
Product Liability
Manufacturers are responsible for making goods that are safe. When bad design or manufacturing errors cause tragedy, you may have a wrongful death claim. Engineers and specialists can show what went wrong, from defective products to poor safety warnings. Depositions, safety test results, manufacturing logs, and internal company emails could help prove these claims.
Intentional Acts and Crimes
If someone dies because another person committed a crime, and it occurred because the property owner was negligent – like they didn’t have proper lighting or security – it could lead to a civil wrongful death claim. Results of police investigations, witness testimony, video footage, and similar prior acts can all help you succeed in these cases.
Every wrongful death claim is a little different, but rests on proving a duty was owed, that duty was breached, that the breach caused the death, and the death led to losses for the person filing the suit.
Who Are the Most Common Victims in a Wrongful Death Claim?
Wrongful death claims are tragic for the victim and all involved family members, but they are somewhat common. Some groups and scenarios appear more often due to daily risks, age, health challenges, or where they spend their time. Common victims of wrongful death claims include the following:
Road Users
Drivers, motorcyclists, pedestrians, and cyclists appear in many wrongful death cases. This is a result of the sheer number of road users that travel each day as well as the reckless and negligent driving many parties engage in.
Older Adults in Care Settings
Older people in nursing homes or similar facilities need protection due to medical conditions or diminished mobility. They’re particularly at risk, and when they aren’t taken care of, the outcome can be fatal. When this happens, relatives may have wrongful death claims.
Victims of Violence
Assaults, domestic abuse, and other violent acts can lead to tragic outcomes. Wrongful death lawsuits may come up when a person loses their life due to criminal violence. This includes situations involving shootings, stabbings, and other forms of deadly force.
Children and Teens
Young people are unfortunately present in wrongful death claims due to issues like car accidents, unsafe products, or inadequate supervision. Sometimes accidents happen at schools, playgrounds, or childcare centers. Other times, children are harmed by dangerous toys or faulty equipment. Drowning deaths are common as well, which can lead to wrongful death lawsuits in some cases.
Patients With Complex Medical Needs
Not every medical mistake leads to tragedy. Still, some situations do become catastrophic, especially for people who need special care because of pre-existing illnesses or vulnerabilities. Sometimes medication mistakes, surgical problems, or misdiagnosis are to blame.
Workers in High‑Risk Jobs
Some jobs are just more dangerous. Construction, factories, trucking, and certain maintenance work come with daily hazards like heavy machinery, moving parts, and hazardous environments. Companies must follow safety guidelines, but workers sometimes die in preventable accidents due to missed safeguards.
Wrongful death cases happen for many reasons, with victims from a wide range of backgrounds. What links all these situations is that someone failed to act with care, and legal recourse may be available.
Reach Out To Us
Give us a call at (314) 300-6260 or schedule a free consultation online to learn more about the assistance that we can offer after your loved one has lost their life in a tragedy.