Accidental Death Lawyers Serving Missouri & Illinois
Wrongful death claims aim to provide your family with compensation for the losses you have suffered as a result of the death of a loved one. Death resulting from negligence is a terrible event, but you can still recover compensation.
The wrongful death attorneys at Brown & Brown, LLP, can help you pursue your wrongful death claim with expertise and compassion. Unlike a criminal trial for murder, a wrongful death claim is a civil action that aids families of victims by compensating them for economic and non-economic losses they have endured as a result of the wrongful death. Call our St. Louis office at 314-333-3333, or if you are in Illinois call at 618-888-8888, and schedule a personalized consultation with one of our experienced and trusted attorneys.
Types of Wrongful Death Claims
A wrongful death occurs anytime a person passes away as a result of the negligence of another person. The experienced wrongful death attorneys at Brown & Brown aid families who have lost loved ones in cases such as:
Who Can File a Wrongful Death Lawsuit?
In most states, the members of the decedent’s immediate family are the only people that can file a wrongful death claim. However, in some states this privilege is extended to other family members, such as grandparents and other extended family.
Also, if the only surviving member of the individual is less than 18 years old, the court may assign a legal guardian to act in the minor’s best interests. Through a wrongful death claim, families can recover compensation for:
- Loss of Companionship
- Medical Bills
- Funeral Costs
- Loss of Income
- Loss of Future Income
- Punitive Damages
- Pain and Suffering
- Mental Anguish
- General Damages
- Loss of Inheritance
How Much Money Are Most People Awarded for a Wrongful Death Claim?
Each wrongful death claim is unique. There is no average settlement or verdict. Fortunately, there is no cap on damages in wrongful death claims in Missouri or Illinois, allowing our lawyers to seek maximum compensation in these cases.
While each case is unique, damages commonly sought in wrongful death claims include:
- Future wages and financial contributions
- End-of-life expenses
- Emotional pain and suffering
- Loss of companionship
Our compassionate wrongful death lawyers are here to listen to your story and provide actionable information about your options. Call us today to schedule a consultation and learn what your claim may be worth.
What Are the Basic Criteria for a Legitimate Wrongful Death Claim?
Criteria for a legitimate wrongful death claim include establishing:
- Negligence
- Causation
During our investigation, we work to establish where negligence should lie. In establishing negligence, we work to uncover all possible causes of the accident, enabling us to hold all liable parties to account and to seek suitable compensation for surviving family members.
Who Are the Most Common Victims in a Wrongful Death Claim?
Wrongful death occurs when someone loses their life in an accident. Elderly induvial and children may be at heightened risk of severe accidents, but anyone can suffer a fatal injury.
In Illinois, a representative of the decedent’s estate, typically appointed by the courts, will be responsible for filing a wrongful death claim. In Missouri, a spouse, parent, child, or grandchild can file a claim. If these parties do not exist or cannot file, the option may be given to siblings or other family members.
Talking to one of our attorneys can help you determine if you are entitled to file a wrongful death claim.
How Long Does It Usually Take To Come to a Decision for the Claim?
Most wrongful death claims settle within a year. A majority of claims are resolved before they go to trial. If a trial is required to settle your claim, it may take up to four years to obtain a verdict. This is dependent on several factors unique to your case. We can help you determine how long your claim may take during your initial consultation.
Which Form of Damages Is Usually Awarded the Most Money?
Damages in a wrongful death claim may include:
- Special Damages. These include medical bills, end-of-life expenses, and similarly provable damages
- General Damages. These include emotional suffering, loss of companionship, and similarly subjective damages
- Punitive Damages. These are only awarded when the behavior leading to the accident was egregious.
There is no cap on wrongful death damages in Missouri or Illinois. The issues for which damages are awarded differ from case to case. During your initial consultation, we will review your claim, discuss your potential damages, and help you determine what your claim may be worth.
Building Your Case
Wrongful death claims can be difficult because it must be shown that the death of your loved one is a direct result of the negligence of another person. A wrongful death can be a terrible thing, and all too often families are too overcome by grief to handle the wrongful death claim adequately or appropriately.
FAQs
How Long Do I Have to File a Wrongful Death Lawsuit in Missouri or Illinois?
The amount of time you have to file a wrongful death lawsuit depends on each state's statute of limitations. In Missouri, the limit is three years from the date of the deceased person's death. In Illinois, it's two years from the date of the death.
How Do I Prove Negligence in a Wrongful Death Case?
To establish negligence in a wrongful death case, you must prove four key elements:
- Duty of Care: Show that the defendant owed the deceased a duty of care.
- Breach of Duty: Prove that the defendant was negligent, reckless, or failed to act when necessary, breaching this duty of care.
- Causation: Show that the breach directly caused or contributed to the death.
- Damages: Prove that the death resulted in actual damages, such as:
- Funeral and burial costs
- Loss of financial support
- Medical expenses incurred before death
- Surviving family members' emotional pain and suffering
What if My Loved One Was Partly at Fault? Can I Still File a Claim?
Yes, you can still file a wrongful death claim in this situation. However, the outcome depends on the state's specific laws.
Missouri follows a pure comparative fault rule. You can recover damages if your loved one was partially responsible for the incident. However, the compensation is reduced by the deceased's percentage of fault.
Say the deceased was 30% responsible. In that case, the total damages awarded would be reduced by 30%.
Illinois follows a modified comparative fault rule – specifically, the 51% bar rule. This means you can file a wrongful death claim as long as your loved one was less than 51% responsible.
If the deceased was 50% or less at fault, the compensation is reduced based on their percentage of fault. You cannot recover any damages if the deceased was 51% or more at fault.
How Are Settlements Distributed Among Surviving Family Members?
Missouri law prioritizes certain family members in a wrongful death settlement:
- First Tier: The settlement is first distributed to the deceased's spouse, children, or parents. If there are multiple beneficiaries (e.g., several children), the settlement is divided equally unless otherwise agreed upon or specified by the court.
- Second Tier: If the deceased's spouse, children, or parents are not alive, the settlement may go to the deceased's siblings or descendants.
- Estate Distribution: If no eligible family members exist, the settlement is paid to the deceased's estate. It will be distributed according to their will or Missouri's intestacy laws (laws governing inheritance without a will).
Illinois law requires wrongful death settlements to be distributed fairly and equitably among surviving family members based on their dependency on the deceased.
- Eligible Beneficiaries: The settlement can go to the spouse and next of kin (e.g., children, parents, or siblings).
- Court's Role: If there is a disagreement over the distribution, the court will decide how to divide the settlement based on factors like:
- Financial dependency on the deceased
- Emotional loss
- Relationship with the deceased
- Estate Distribution: If no spouse or next of kin exists, the settlement becomes part of the deceased's estate. It is distributed according to Illinois intestacy laws.
Why Choose Brown & Brown Attorneys at Law?
Brown & Brown, founded by brothers Dan and Ed Brown, has been making a positive impact for over 30 years. We have helped thousands of clients in St. Louis and Illinois obtain justice.
With a compassionate, client-focused approach, we stand by you through life's toughest challenges, whether it's a personal injury or a wrongful death claim. We also offer free consultations and operate on a contingency basis, so you pay nothing unless we win.
Call Our Trusted Wrongful Death Attorneys For A Personalized Consult!
If your loved one has died as the result of a wrongful death, contact Brown & Brown for a free case review. Just dial 3s in St. Louis and elsewhere in Missouri: 314-333-3333 or 573-333-3333. Or, if you're in Illinois and nearby areas of Illinois, just dial 8s: 618-888-8888. You can also fill out the form on this page, and our staff will walk you through the process of setting up your appointment. We look foward to providing you with the help you need!
