Wrongful Death Attorney Serving St. Louis Metro, Central Illinois and Nationwide
When a family member dies, unintentionally or otherwise, because of the misconduct of another (regardless of whether they are entirely or partially at fault), you have legal standing to bring a claim against those responsible for wrongful death pursuant to RSMo § 537.080.1 It is devastating to lose a loved one, but it is far worse when the death is caused by the negligent, careless, or reckless actions of another person. Beyond the emotional devastation of the loss of a loved one, you and your family have been thrust into an extraordinarily stressful, daunting, and legally complex situation. This is unavoidable if you wish to assert your rights and those of your family; however, if you are represented by a qualified and experienced law firm, the overwhelmingly stressful legal aspects can be handled on your behalf.
In addition to the tragic loss, the emotional upheaval, and the grief of the situation, you and your family will incur significant additional expenses related to your loved one’s death. Further, you will likely soon notice the absence of your deceased loved one’s economic contributions.
There are legal remedies available to help you replace your loved one’s economic contributions to the family. For example, in Missouri law, these “damages categories” are enumerated by statute.2 Some economic damages that you may be able to claim are as follows:
- The monetary losses suffered by reason of the death
- Funeral expenses and the reasonable value of the services
- Loss of consortium, companionship, comfort, instruction, guidance, counsel, training, and support of the loved one
- Damages that the deceased would have been entitled to if they were still alive
- Greif and bereavement
- Value of the care the deceased provided to minors or other family members
- Pecuniary losses calculated based on the annual income of one or both parents if th deceased was under the age of 18
Our attorneys at The Law Firm of Thomas SanFilippo & Associates, LLC, can help you with the legal issues that follow from these tragic events.
Experienced Legal Assistance
This is not a situation that you should have to face on your own. While life will never be the same, you owe it to yourself and your family to seek justice and fair compensation by retaining the services of an attorney who can help you file a wrongful death claim.
No amount of money can make up for the loss of a loved one. You can, however, recover financial compensation to pay for any medical treatment, which your family member received for the fatal injury, as well as for funeral and burial expenses. You could even receive economic damages to replace the income and other contributions that the decedent would have made to your family.
The St. Louis wrongful death lawyers at The Law Firm of Thomas SanFilippo & Associates, LLC, will stand by you with compassion while aggressively fighting for your rights in the case. We understand what a terrible experience this must be for you, and we want to help you recover the compensation you deserve and need to move on in life.
If a loved one has died as a result of the negligence of another, call our St. Louis office at 888-351-2366 or 314-669-5752 or use our online contact form to make a free and confidential consultation.
 537.080. Action for wrongful death — who may sue — limitation. — 1. 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 in respect thereof, the person or party who, or the corporation which, would have been liable if death had not ensued shall be liable in an action for damages, notwithstanding the death of the person injured, which damages may be sued for:
(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;
(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;
(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. Such court may, in its discretion, require that such plaintiff ad litem give bond for the faithful performance of his duties.
2. Only one action may be brought under this section against any one defendant for the death of any one person. [Current as of 10/2021]
 537.090. Damages to be determined by jury — factors to be considered. —In every action brought under section 537.080, the trier of the facts may give to the party or parties entitled thereto such damages as the trier of the facts may deem fair and just for the death and loss thus occasioned, having regard to the pecuniary losses suffered by reason of the death, funeral expenses, and the reasonable value of the services, consortium, companionship, comfort, instruction, guidance, counsel, training, and support of which those on whose behalf suit may be brought have been deprived by reason of such death and without limiting such damages to those which would be sustained prior to attaining the age of majority by the deceased or by the person suffering any such loss.In addition, the trier of the facts may award such damages as the deceased may have suffered between the time of injury and the time of death and for the recovery of which the deceased might have maintained an action had death not ensued.The mitigating or aggravating circumstances attending the death may be considered by the trier of the facts, but damages for grief and bereavement by reason of the death shall not be recoverable.If the deceased was not employed full time and was at least fifty percent responsible for the care of one or more minors or disabled persons, or persons over sixty-five years of age, there shall be a rebuttable presumption that the value of the care provided, regardless of the number of persons cared for, is equal to one hundred and ten percent of the state average weekly wage, as computed under section287.250.If the deceased is under the age of eighteen, there shall be a rebuttable presumption that the annual pecuniary losses suffered by reason of the death shall be calculated based on the annual income of the deceased’s parents, provided that if the deceased has only one parent earning income, then the calculation shall be based on such income, but if the deceased had two parents earning income, then the calculation shall be based on the average of the two incomes. [Current as of 10/2021]