Losing a loved one suddenly because of someone’s wrongdoing turns your world upside down. In addition to the deep personal grief, many families are hit with unexpected financial burdens from medical bills, funeral costs, and the sudden loss of emotional support their loved one provided. While no amount of money can replace your loved one, Missouri law does provide families with options for pursuing justice by working with a wrongful death attorney in St. Louis.
Taking legal action can bring some financial stability in a difficult time and help hold the responsible party accountable. Here are the steps of how a wrongful death case works in St. Louis so you know what to expect if you’re considering this type of legal process.
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Sep 1: Confirm if You Can File a Lawsuit in Missouri
The first step is to determine who is allowed to bring a wrongful death claim under Missouri law and if you’re eligible. The law groups eligible family members into classes:
Class 1
This includes the spouse, children (and if a child has died, their children -meaning grandchildren), and parents of the deceased person. If anyone from Class I is available, only they can file.
(1) By the spouse or children or the surviving lineal descendants of any deceased children, natural or adopted, legitimate or illegitimate, or by the father or mother of the deceased, natural or adoptive;
Class 2
If there are no eligible relatives in Class I, then siblings and their children become eligible to file the lawsuit.
(2) If there be no persons in class (1) entitled to bring the action, then by the brother or sister of the deceased, or their descendants, who can establish his or her right to those damages set out in section 537.090 because of the death;
Class 3
When no one from the above categories is available or willing, the court may appoint a plaintiff ad litem – a person or representative approved by the court to act on behalf of the estate or beneficiaries.
(3) If there be no persons in class (1) or (2) entitled to bring the action, then by a plaintiff ad litem. Such plaintiff ad litem shall be appointed by the court having jurisdiction over the action for damages provided in this section upon application of some person entitled to share in the proceeds of such action. Such plaintiff ad litem shall be some suitable person competent to prosecute such action and whose appointment is requested on behalf of those persons entitled to share in the proceeds of such action.
Step 2: Hire Legal Counsel and Begin Investigation
Wrongful death cases are complicated, and it’s important to work with an experienced lawyer who knows how these cases work. They will start by investigating the case and obtaining evidence, like witness statements, medical records, expert opinions, and video footage of the incident if it exists.
Step 3: Determine Liability and Potential Defendants
Your legal team will then work to determine who is at fault for the accident. You need to know who to file the lawsuit against and who should be liable to pay your damages. This could be a driver, a medical professional, a government agency, or anyone who played a part in the death of your loved one. In some cases, more than one party could be liable.
Step 4: File the Lawsuit
Once the investigation is complete and evidence clearly shows who is responsible, your attorney will draft and officially file the wrongful death claim in the appropriate Missouri court. This initiates the lawsuit. Afterwards, all parties involved are notified, and deadlines are set for the next stage.
Step 5: Negotiations
Shortly after a lawsuit is filed, negotiation between your legal team and the defendant’s insurance or legal representatives often takes place. This might happen even before the case goes too far into the court process. Settlements at this phase can help families avoid drawn-out trials and secure the compensation they need more quickly.
Step 6: Discovery
If the case doesn’t settle right away, you’ll enter a phase called discovery. Here, both parties exchange evidence so each side can see what exists. This could include depositions, written interrogatories, and providing documentation.
Step 7: Trial If No Settlement
If settlement negotiations fail, your case proceeds to a trial before a judge or jury. Each side presents its case, calls witnesses, including experts, and your legal team argues why the other side should be held liable for your loved one’s death. Ultimately, the jury or judge will decide the outcome and set the amount of compensation to be paid.
These steps can feel complicated, but when you have the right legal team of St. Louis personal injury attorneys on your side, everything is a lot less stressful. We know how these cases work and can give you a chance of getting the compensation and justice you deserve.
Contact us today at (314) 300-6260 to schedule a free consultation.