Any sudden or tragic loss of life feels unjust. However, the main determining factor an attorney will evaluate is whether negligence or carelessness caused your loved one’s death. Any person, corporation or organization can be liable.

A wrongful death case can arise from any type of fatal personal injury accident, such as:

• Car accidents
• Gas explosions
• Medical malpractice
• Motorcycle accidents
• Nursing home abuse
• Trucking collisions
• Workplace injuries

Note that only certain individuals can pursue a wrongful death case. In Missouri, there are three authorized classes: the decedent’s spouse, children and parents (Class I); the decedent’s siblings and/or their siblings’ children (Class II); or plaintiff ad litem (Class III). In Illinois, wrongful death claims are authorized by the estate of the decedent, and the court appoints a family member to act as representative of the case.

An attorney must prove that negligence directly caused the death of the decedent. This can be complicated in a lawsuit against a hospital, nursing home, trucking corporation, or other entity who may be backed by predatory insurance agencies. Your best defense is to hire a top Missouri wrongful death lawyer with a successful track record.

To prove your loved one’s death was wrongful, a skilled attorney will help gather important documentation and look closely at all the evidence. During this process, establishing cause of death through an autopsy is important. Your St. Louis wrongful death lawyer will also hire medical experts and other subject matter experts to validate legal claims and provide testimony, to help with settlement negotiations or trial.

It can take two to three years for a case to go to trial. Settlement can happen any time prior to trial, or even during trial. On average, most wrongful death cases that do not settle take 18 to 24 months from start to finish. Following a verdict, the losing party can file an appeal, extending the case another 12 to 18 months.

Our clients do not pay ANY attorney fees or litigation costs unless we successfully recover a settlement or judgment for them. Attorneys pay the upfront costs to pursue the case. These expenses are repaid by the client in an amount that is mutually agreed on, after proceeds from the case have been distributed.

Looking for the best wrongful death lawyers near you? Schedule a complimentary consultation at the St. Louis law office of Padberg Appelbaum Knepper.

The amount of compensation that can be recovered in a wrongful death lawsuit widely varies. The nature and extent of a surviving family’s damages is the leading factor in determining the settlement or judgment amount. There is no cap or limit on damages, except for the noneconomic damages that can be recovered in a medical malpractice case, which is typically set at $740,000. However, a settlement or judgment will often include compensation for both economic and noneconomic damages.

Damages that can be recovered include:

• Medical bills
• Funeral expenses
• Lost income
• Emotional trauma
• Loss of spousal companionship
• Loss of parental guidance or support
• Pain and suffering of the decedent

There are time limits specifying when a case can be filed, called a statute of limitations. In Missouri, a wrongful death lawsuit must be filed within three years from the date of death. This three-year deadline applies even when the death is caused by something with a lesser statute of limitations, such as medical malpractice.

In Illinois, the statute of limitations for a wrongful death claim is always two years from the date of death.

One of the questions we are most frequently asked is “Who gets the money in a wrongful death lawsuit?” In Missouri, every member of the class that brought forth the claim is entitled to the settlement, regardless of their involvement in the lawsuit.

• Class I: spouse, children and parents of the decedent
• Class II: siblings of the decedent and/or their siblings’ children
• Class III: plaintiff ad litem

In Illinois, the money awarded in the lawsuit is typically distributed to the legal heirs or beneficiaries of the victim.

In most cases, the survivors agree on the distribution of settlement proceeds. When there is a conflict, the decision is left to the court after hearing evidence. Proceeds do not go through probate and do not go to the estate of decedent — the money goes directly to the eligible recipient(s).