Wrongful Death Attorney in St. Louis

Losing a family member because of someone else's negligence is devastating. No amount of money can replace the person you lost, but Missouri's wrongful death statute exists to hold the responsible parties accountable and provide financial security for the family left behind. At OTT Law in St. Louis, Joseph Ott represents families pursuing wrongful death claims with the seriousness, thoroughness, and respect these cases demand. We understand that you are dealing with grief while also facing urgent legal and financial decisions — we handle the legal fight so you can focus on your family.

Missouri Wrongful Death Statute — RSMo 537.080

Missouri's wrongful death statute, RSMo 537.080, creates a cause of action when a person's death is caused by the wrongful act, neglect, or default of another party — and the deceased person would have been able to bring a personal injury claim had they survived. This statute provides the legal framework for surviving family members to seek compensation for the losses they have suffered as a result of the death.

The wrongful death claim belongs to specific family members, not to the deceased person's estate. Missouri law designates who may bring the claim in a strict order of priority. If the deceased left a surviving spouse, children, or both, they are the proper plaintiffs. If there is no surviving spouse or children, the claim passes to the deceased's parents or siblings. A court-appointed plaintiff ad litem may also be designated to bring the claim on behalf of all eligible beneficiaries.

Who Can File a Wrongful Death Claim in Missouri

Missouri law establishes a clear hierarchy of who has standing to file a wrongful death claim:

Class One — Spouse, children, or both. If the deceased was married or had children (including adopted children), these family members have the first right to bring the wrongful death claim. Minor children's interests are typically represented by a guardian ad litem.

Class Two — Parents or siblings. If there is no surviving spouse or children, the deceased's parents or brothers and sisters may file the claim.

Class Three — Plaintiff ad litem. In some cases, the court appoints a plaintiff ad litem — an individual designated to prosecute the wrongful death action for the benefit of all persons entitled to recover.

Understanding who has standing to file is critical because Missouri law requires that the proper party bring the claim. Filing by the wrong party can result in dismissal, wasting valuable time within the statute of limitations.

Damages Available in Missouri Wrongful Death Cases

Missouri wrongful death damages are designed to compensate the surviving family for the losses they have suffered. These damages fall into several categories:

• Medical expenses — The cost of medical treatment the deceased received between the injury and death
• Funeral and burial expenses — Reasonable costs associated with funeral services, burial, or cremation
• Lost income and financial support — The income and financial contributions the deceased would have provided to the family over their expected lifetime, reduced to present value
• Loss of companionship and consortium — The loss of the deceased's love, comfort, companionship, guidance, and society
• Loss of parental guidance — For minor children who lost a parent, compensation for the guidance, instruction, and nurturing they will not receive
• Pain and suffering of the deceased — If the deceased survived for a period after the injury, compensation for the pain and suffering they experienced before death
• Punitive damages — In cases involving egregious conduct such as drunk driving, reckless disregard for safety, or intentional wrongdoing, Missouri law allows punitive damages to punish the defendant and deter similar conduct

There is no statutory cap on wrongful death damages in Missouri. The amount recoverable depends on the specific facts of each case, including the deceased's age, health, earning capacity, and relationship with the surviving family members.

Statute of Limitations — Three Years Under RSMo 537.100

The statute of limitations for wrongful death claims in Missouri is three years from the date of death under RSMo 537.100. This is shorter than the five-year statute for personal injury claims, and it is strictly enforced. If you do not file your lawsuit within three years, you lose the right to bring the claim permanently — regardless of how strong the evidence is.

Three years may seem like a reasonable amount of time, but wrongful death cases are complex. They require investigation, expert analysis, and extensive documentation of damages. The sooner you contact an attorney, the sooner we can begin preserving evidence, identifying all responsible parties, and building the strongest possible case for your family.

Common Causes of Wrongful Death in Missouri

Wrongful death claims arise from the same types of negligence that cause personal injury — the difference is that the victim did not survive. We handle wrongful death cases arising from:

• Motor vehicle accidents — Car crashes, truck accidents, and motorcycle collisions are the leading cause of wrongful death claims in Missouri, particularly on high-speed highways like I-70, I-64, and I-44
• Medical malpractice — Surgical errors, misdiagnosis, medication mistakes, and failure to treat can result in a patient's death
• Workplace accidents — Falls from height, equipment failures, electrocution, and exposure to toxic substances on construction sites and industrial facilities
• Defective products — Products with dangerous design defects, manufacturing flaws, or inadequate warnings that cause fatal injuries
• Premises liability — Property owners who fail to maintain safe conditions, resulting in fatal falls, drownings, or structural failures
• Nursing home negligence — Understaffing, medication errors, falls, and failure to provide adequate care to elderly residents

Survival Actions vs. Wrongful Death Claims

Missouri recognizes both wrongful death claims and survival actions, and understanding the difference is important. A wrongful death claim compensates the surviving family members for their losses. A survival action continues a claim that the deceased person could have brought while alive — it belongs to the deceased's estate and compensates for the injuries, pain, and damages the deceased suffered between the time of injury and death.

In many cases, both a wrongful death claim and a survival action are pursued simultaneously. OTT Law evaluates every case to determine which claims are available and how to maximize the total recovery for the family.

Frequently Asked Questions

How long do I have to file a wrongful death claim in Missouri? Three years from the date of death under RSMo 537.100. This deadline is strictly enforced. If you miss it, the court will dismiss your case regardless of the circumstances. Contact an attorney as soon as possible to ensure your rights are protected.

Can I file a wrongful death claim if the person who died was partly at fault? Yes. Missouri follows a pure comparative fault rule, which means the family can still recover damages even if the deceased was partially at fault. The recovery is reduced by the deceased's percentage of fault but is not eliminated.

What is the difference between a wrongful death claim and a criminal case? A wrongful death claim is a civil lawsuit brought by the family seeking monetary compensation. A criminal case is brought by the state seeking punishment for the person who caused the death. The two proceedings are separate and have different burdens of proof. You can pursue a wrongful death claim regardless of whether criminal charges are filed.

How much does it cost to hire a wrongful death attorney? OTT Law handles wrongful death cases on a contingency fee basis. You pay nothing upfront and owe no attorney fees unless we recover compensation for your family. There is no financial risk in consulting with us about your case.

Who receives the wrongful death settlement or verdict? The distribution depends on who the eligible beneficiaries are under Missouri law. If the deceased had a spouse and children, the recovery is typically divided among them. The court may need to approve the distribution, particularly when minor children are involved.

Free Consultation — We Are Here for Your Family

Losing a loved one to someone else's negligence is one of the hardest experiences a family can endure. At OTT Law, we approach every wrongful death case with the compassion your family deserves and the legal firepower needed to hold the responsible parties accountable. Joseph Ott will personally handle your case from the first meeting through resolution, ensuring your family's interests are protected at every step.

Call (314) 710-2740 or contact us online for a free, confidential consultation. We represent families throughout the St. Louis metropolitan area and across Missouri in wrongful death claims arising from car accidents, medical malpractice, workplace injuries, and all other forms of fatal negligence.