We have the compassion and experience to guide you through the difficult process of navigating the death of a parent, child, brother or sister. From taking the first phone call a short time after your loved one has died to investigating the death to presenting a riveting closing argument at trial, we have been there and done it.
We investigate the facts and circumstances of the death with thoroughness and precision to guide your family. We use a broad network of expert engineers, physicians, and scientists who will help us analyze even the most complex scenarios. We have handled wrongful death cases involving automobiles, speedboats, dangerous roadways, and other scenarios. There are almost always multiple potential defendants to study. We think carefully about how we can leverage the law against each potential defendant, and we present your family with a number of strategies we can use to prosecute the case. Together with your family, we select the best option and we work quickly to get the case on file and moving forward.
We work hard to find out exactly why the death happened. We hold accountable those at fault, and we do not back down.
While the case is moving forward, we help guide your family through the maze of medical bills, debt collectors, insurance issues, and financial planning considerations. We work hard to position you for the best possible outcome.
We understand that you need an experienced, compassionate team to handle the most important legal matter you will likely ever have to deal with. For a thorough, completely confidential consultation call our office today. We will make every effort to meet you within hours of your phone call.
In Missouri, all cases for wrongful death are governed by Missouri Revised Statute 537.0080. The full text of the statute can be found at http://www.moga.mo.gov/mostatutes/stathtml/53700000801.html
The wrongful death statute is important because it gives certain family members the right to sue for the wrongful death. While many states have a system whereby the estate of the person who died must bring the action, Missouri is not such a state. Generally, it is only necessary to open an estate of the person who died if that person experienced conscious pain and suffering prior to death. The claim for conscious pain and suffering must be administered through the estate. We can help you decide if you should set up an estate.
Typically, it will be the responsibility of certain persons identified in the wrongful death statute to prosecute the wrongful death. If the deceased person has a living spouse, children, or parents, then those persons may prosecute the case. If the deceased person does not have a living spouse, children or parents, then the wrongful death statute specifies that the brother, sister, nieces or nephews of the deceased person may prosecute the case. If there are no such persons, then the wrongful death statute specifies that the Court may appoint someone to prosecute the case.
It is important to note that only a single wrongful death case can be prosecuted under the wrongful death statute. This means that your family needs to understand, and agree upon, the best strategy to prosecute the case. We can help you navigate this decision.