St. Louis Wrongful Death Lawyer

A wrongful death claim differs greatly from a traditional personal injury claim because the injured person is no longer able to pursue compensation on their own behalf.

Instead, Missouri law allows eligible surviving family members to bring the family’s claim when wrongful conduct results in a loved one’s death.

While proving negligence remains a central part of every wrongful death case, the damages available often extend beyond medical expenses and lost income to include the losses experienced by the surviving family.

Depending on the circumstances, claims involving the deceased’s estate may also proceed alongside a wrongful death lawsuit under separate legal principles.

Because these cases involve unique procedural requirements and Missouri-specific laws, experienced legal representation is important to protect your family’s interests and ensure the claim is properly pursued in Missouri.

Wrongful Death Claims Compensate Surviving Families

A wrongful death claim allows eligible family members to recover damages for the losses they have suffered as a result of a loved one’s death.

While no wrongful death settlement can replace a deceased person or undo the loss experienced by a family, Missouri law recognizes that surviving relatives often face significant financial and personal hardships after a preventable death.

Calculating damages requires a careful evaluation of the deceased person’s financial contributions, the family’s loss of support, and the long-term impact of the death.

At TorHoerman Law, we provide comprehensive wrongful death representation by gathering evidence, consulting with experts when appropriate, and documenting every category of recoverable loss.

Every case is different, making it important to evaluate both current losses and the future financial support the deceased person would likely have provided.

Depending on the circumstances, surviving family members may be able to recover damages for:

• Medical bills related to the deceased person’s final injury or illness.
• Funeral costs associated with memorial services and related expenses.
• Burial expenses and other reasonable end-of-life costs.
• Lost financial support the deceased person would have provided to surviving family members.
• Loss of future income and employment benefits that the deceased likely would have earned.
• Loss of companionship, guidance, instruction, and consortium experienced by surviving family members.
• The value of household services the deceased person would have provided.
• The pain, suffering, and mental anguish experienced by eligible family members, where permitted under Missouri law.
• Other economic and non-economic damages recognized under the Missouri wrongful death statute.

Wrongful Death Claims vs. Survival Actions

Although they often arise from the same fatal incident, wrongful death claims and survival actions serve different legal purposes under Missouri law.

A wrongful death claim is brought on behalf of eligible surviving family members to recover damages for the losses they suffered because of their loved one’s death, including the loss of financial support, companionship, and services.

A survival action, by contrast, allows certain claims that belonged to the deceased before death to continue through the deceased’s personal representative or estate, preserving causes of action that otherwise would have ended with the person’s death.

In some cases, both a wrongful death claim and a survival action may arise from the same event, allowing different categories of damages to be pursued under Missouri law when the facts support each claim.

An experienced wrongful death attorney can determine whether one or both legal actions may be appropriate based on the circumstances surrounding the death and the applicable Missouri statutes.

Losing a loved one because of another person’s negligence is one of the most difficult experiences a family can face, and selecting the right law firm is an important decision.

TorHoerman Law has represented individuals and families in complex personal injury and wrongful death litigation since 2009, recovering more than $4 billion in verdicts and negotiated settlements across a wide range of cases.

Our experienced attorneys include Tor Hoerman, founder of the firm, and Eric Terry, who leads the firm’s single-event personal injury practice representing clients in serious injury and wrongful death cases.

Rather than assigning every matter to a single lawyer, TorHoerman Law uses a collaborative team approach that brings together attorneys, paralegals, and legal professionals to develop each case.

We handle the legal burden of investigating the claim, preserving evidence, communicating with insurance companies, and preparing the case for settlement negotiations or trial.

Throughout the process, our focus remains on protecting your family’s legal rights while pursuing accountability from those responsible for your loved one’s death.

Families choose TorHoerman Law because we offer:

• More than $4 billion recovered in verdicts and negotiated settlements for clients nationwide.
• Experienced attorneys with decades of litigation experience handling catastrophic injury and wrongful death matters.
• A collaborative legal team that works together to investigate complex claims and prepare every case thoroughly.
• Extensive trial and litigation experience when a fair settlement cannot be reached.
• No upfront attorney fees, because we represent clients on a contingency fee basis and only recover a fee if we obtain compensation.
• A client-focused approach built around communication, preparation, and personalized representation throughout the case.

No legal action can undo the loss of a loved one, but it can provide financial stability and hold negligent parties accountable.

Our team prepares every wrongful death case with the attention and resources it deserves, regardless of its size or complexity.

Whether your family resolves the claim through settlement or litigation, we are committed to presenting a thoroughly prepared case supported by the facts and Missouri law.

Our St. Louis Wrongful Death Attorneys Get Results

Wrongful death cases require careful preparation, extensive investigation, and a willingness to take complex cases through litigation when necessary.

At TorHoerman Law, we have represented families in wrongful death claims arising from defective products, negligent supervision, and other preventable tragedies, obtaining significant verdicts and settlements on their behalf.

While every case is different and past results do not guarantee future outcomes, our record reflects the experience and resources required to handle high-stakes wrongful death litigation.

Recent wrongful death results include:

• $25 Million Verdict: A two-year-old girl drowned after climbing into an above-ground pool using a nylon strap incorporated into the pool’s design. After the manufacturer declined to correct the known defect and made a final settlement offer of $1 million, TorHoerman Law presented the case to a Missouri jury, which returned a $25 million verdict for the child’s family.
• $802,000 Settlement: TorHoerman Law represented the family of a four-year-old girl who drowned while attending an in-home daycare, resolving the wrongful death claim through settlement.
• $490,000 Settlement: Our attorneys represented the family of a cruise ship passenger who suffered a catastrophic head injury while the vessel was docked. The client later passed away as a result of those injuries, and the case concluded with a wrongful death settlement.

Wrongful death claims often involve complex legal and factual issues that extend beyond the circumstances of the fatal incident itself.

Our attorneys prepare every case with the goal of presenting a thorough, well-supported claim that reflects the full extent of the family’s losses under the applicable law.

A wrongful death investigation begins as soon as possible after the fatal incident to preserve evidence before it is lost or destroyed.

Depending on the circumstances, the process may involve reviewing accident reports, obtaining surveillance footage, consulting with medical professionals, and documenting the financial losses experienced by the family.

Insurance adjusters and defense lawyers often begin investigating immediately after a fatal accident, making early evidence preservation especially important.

The timeline for resolving a wrongful death claim depends on factors such as the complexity of the case, whether liability is disputed, and the extent of the evidence that must be gathered.

Cases involving multiple defendants, expert testimony, or extensive financial analysis generally require additional time before settlement negotiations or trial.

Throughout the investigation, every step is focused on determining whether someone else’s negligence caused the death and identifying the damages available under Missouri law.

Although every case is different, a wrongful death investigation often includes the following steps:

• Initial case evaluation to review the facts, determine who may have standing to file the claim, and identify whether a surviving spouse, child, parent, personal representative, or legal guardian may be involved.
• Preserving critical evidence, including photographs, surveillance video, vehicle data, maintenance records, and other materials that may otherwise become unavailable.
• Collecting official records, such as police reports, incident reports, medical records, autopsy findings, and death certificates.
• Interviewing witnesses who observed the incident or have information relevant to liability.
• Consulting with experts, including accident reconstruction specialists, engineers, economists, and medical professionals when appropriate.
• Evaluating financial losses, including lost income, employment benefits, household services, and other damages recognized under Missouri law.
• Negotiating with insurance companies after liability and damages have been thoroughly documented.
• Preparing the case for litigation if a fair settlement cannot be reached through negotiations.

Evidence is often gathered in stages as medical records, expert opinions, financial documentation, and witness testimony become available throughout the case.

Some investigations are completed within weeks, while others continue throughout litigation as new information emerges.

Types of Evidence in a Wrongful Death Lawsuit

After the loss of a loved one, gathering evidence is often the last thing a family wants to think about, but it is one of the most important parts of a wrongful death claim.

An attorney can step in to preserve records, communicate with the appropriate parties, and obtain evidence that may become unavailable if too much time passes.

Building a strong wrongful death case often requires many different forms of documentation to establish liability, prove damages, and demonstrate how the fatal incident occurred.

Evidence commonly used in a wrongful death lawsuit includes:

• Police reports documenting the incident and the responding officer’s findings.
• Medical records detailing the injuries, treatment, and cause of death.
• Autopsy reports when available and relevant to the circumstances of the death.
• Witness statements from individuals who observed the incident or its aftermath.
• Physical evidence collected from the accident scene, including damaged vehicles, defective products, or hazardous conditions.
• Photographs and video footage from the scene, surveillance cameras, or dash cameras.
• Expert testimony from accident reconstruction specialists, medical professionals, engineers, economists, or other qualified experts.
• Employment and financial records used to calculate lost income, benefits, and financial support.
• Maintenance, inspection, or business records when they help establish negligence or identify liable parties.

Wrongful death claims can arise from many different types of preventable accidents caused by negligent individuals, businesses, healthcare providers, or property owners.

While motor vehicle accidents remain one of the leading causes of wrongful death claims, fatal incidents also occur in workplaces, hospitals, nursing homes, and public or private properties.

The circumstances surrounding each incident determine who may be held legally responsible and what evidence is needed to establish liability.

Missouri law allows eligible surviving family members to pursue compensation when another party’s negligence results in a fatal injury.

Some of the most common accidents and incidents that give rise to wrongful death claims include:

• Motor vehicle accidents, including collisions involving cars, commercial trucks, motorcycles, pedestrians, and bicyclists.
• Medical malpractice, such as surgical errors, delayed diagnoses, medication mistakes, and other preventable medical negligence.
• Workplace accidents, including falls, equipment failures, electrocutions, and construction site incidents.
• Defective products, where dangerous consumer products, vehicles, or equipment cause fatal injuries.
• Premises liability accidents, including fatal falls, drowning incidents, structural failures, and other hazardous property conditions.
• Negligent security incidents, where inadequate security measures contribute to fatal assaults or other violent crimes on commercial or residential property.
• Nursing home negligence, involving abuse, neglect, falls, infections, malnutrition, or other failures in resident care.

Although the circumstances vary, every wrongful death case requires a careful investigation into how the fatal incident occurred and whether it could have been prevented.

Some cases involve a single negligent party, while others reveal multiple individuals or businesses that share responsibility for the death.

Preserving evidence early is especially important because accident scenes, surveillance footage, maintenance records, and witness recollections can change over time.

A complete investigation helps establish liability and document the losses suffered by the surviving family members.

Missouri law limits who may file a wrongful death lawsuit, and eligibility depends on the claimant’s relationship to the deceased rather than who first contacts a lawyer.

The state’s wrongful death statute establishes a hierarchy of eligible parties, with priority given to the deceased’s spouse, children, parents, and other relatives in a specific order.

If no eligible relatives exist within the first two statutory classes, a court may appoint a plaintiff ad litem to pursue the claim on behalf of those entitled to recover damages.

Missouri law also permits only one wrongful death action to be filed against a defendant for the death of a single individual.

Under Missouri Revised Statute § 537.080, the following parties may file a wrongful death lawsuit, in order of priority:

• The deceased’s spouse, including a surviving husband or wife.
• Children of the deceased, including adopted children, as well as the surviving descendants of any deceased children. In cases of deceased children, surviving lineal descendants may have the right to pursue the claim.
• The deceased’s parents, whether natural or adoptive, if they fall within the first statutory class.
• Brothers and sisters of the deceased, or their descendants, if no one in the first statutory class is eligible to bring the action.
• A court appointed representative, known in Missouri as a plaintiff ad litem, if there are no eligible family members in the first two statutory classes. The plaintiff ad litem is appointed by the court to pursue the wrongful death claim on behalf of those entitled to share in any recovery.

Determining who has the legal authority to file a wrongful death lawsuit is one of the first questions that should be answered after a fatal accident.

Filing the claim under the wrong party or misunderstanding Missouri’s statutory hierarchy can delay the legal process and create unnecessary disputes.

When multiple family members may have an interest in the case, Missouri law provides a framework for determining who may proceed with the action and how any recovery is ultimately distributed.

How Long Do You Have to File a Wrongful Death Lawsuit in Missouri?

Missouri law generally requires a wrongful death lawsuit to be filed within three years from the date of death, making it important to act promptly after losing a loved one.

Under Missouri Revised Statute § 537.100, the statute of limitations begins to run on the date the cause of action accrues, which Missouri courts recognize as the date of death.

If a lawsuit is filed near the end of the limitations period, Missouri law also requires defendants to be served within 180 days after the petition is filed, or the action may be dismissed under certain circumstances.

Missing the statute of limitations will generally prevent a family from recovering compensation, making early consultation with a wrongful death attorney important to preserve the claim.

Families should also be aware that neighboring Illinois has a shorter two-year statute of limitations for most wrongful death actions, so the applicable deadline depends on where the fatal incident occurred.

Missouri’s wrongful death statutes establish who may file a claim, what damages may be recovered, and the deadlines that apply after a loved one’s death.

These laws also govern how settlements are approved and distributed when multiple family members have an interest in the case.

In addition to the wrongful death statutes, Missouri’s pure comparative fault rule may affect the amount of compensation available if the deceased is found partially responsible for the incident.

Every Missouri wrongful death case is shaped by the specific facts involved.

Some of the most important Missouri laws that may affect your wrongful death case include:

• Who May File a Wrongful Death Claim (§ 537.080) – Missouri establishes a statutory order of eligible claimants, beginning with the surviving spouse, children, and parents, followed by siblings and, if necessary, a plaintiff ad litem appointed by the court. Only one wrongful death action may be brought against a defendant for the death of one person.
• Damages Available (§ 537.090) – Missouri allows recovery for losses such as financial support, funeral expenses, companionship, guidance, consortium, and, when appropriate, damages the deceased sustained between the injury and death.
• Settlement Approval and Distribution (§ 537.095) – When a wrongful death claim settles, the court must approve the settlement and determine how the proceeds should be distributed among those entitled to recover under Missouri law.
• Three-Year Statute of Limitations (§ 537.100) – Most wrongful death lawsuits must be filed within three years of the date of death. Missing this deadline will generally bar recovery.
• Pure Comparative Fault Rule – Missouri follows a pure comparative fault system, meaning compensation may be reduced if the deceased is found partially responsible for the incident. A wrongful death claim is not automatically barred because the deceased shared some degree of fault.

These statutes work together to determine who may bring the claim, what damages may be recovered, and how the case proceeds through the legal system.

Applying the correct statutes often requires reviewing the facts of the incident alongside Missouri’s procedural requirements.

The loss of a loved one can leave families with difficult legal and financial questions at a time when they are already facing profound personal loss.

TorHoerman Law represents families throughout St. Louis City, St. Louis County, and the surrounding Missouri communities, handling wrongful death claims arising from fatal motor vehicle accidents, medical malpractice, workplace accidents, defective products, nursing home negligence, and other preventable tragedies.

Our attorneys conduct thorough investigations, preserve critical evidence, and prepare every case with the attention required to establish liability and document the full extent of your family’s losses under Missouri law.

Whether your case involves an individual, a business, or multiple liable parties, our team has the experience and resources to pursue accountability through settlement negotiations or litigation.

Contact TorHoerman Law today for a free consultation, or use the chat feature on this page for a free case evaluation to learn whether your family may have a wrongful death claim.

You pay no attorney fees unless we recover compensation on your family’s behalf.