Wrongful Death Attorney in St. Louis, Missouri

The unexpected passing of a loved one is a traumatic and life-changing event. No matter what caused your loved one’s death, you are now in a situation that you probably never imagined you would be in during your lifetime. You need time to process and grieve the death of your loved one.  

When someone else’s negligence causes your loved one to pass away, the situation is even more difficult to bear. You may be wondering what options you have for pursuing justice against the responsible party on behalf of your loved one.  

Joe Phillips is dedicated to helping you understand what actions you can take following the wrongful death of your loved one. For over 15 years, he has represented injured individuals and their families. Prior to this, he represented insurance companies and large corporations, so he understands both sides of the law.  

Now, he is committed to fighting for his clients’ rights to achieve justice, and he is determined to do what it takes for each person he represents. The Law Offices of Joe Phillips proudly represents clients in St. Louis, Missouri, as well as St. Charles County, Jefferson County, and St. Louis County.

Why File a Wrongful Death Claim? 

Nothing will ever bring your loved one back, and you must carry this with you for the rest of your life. However, you can still take action for your loved one. By filing a wrongful death claim, you can seek to hold the person or party responsible for your loved one’s death legally accountable. Doing so may prevent that individual from harming someone else again in the future.  

Additionally, by filing a wrongful death claim, you may be able to hold that person or party financially responsible for their actions. That financial compensation can help with funeral expenses and other monetary losses. 

What Constitutes Wrongful Death in Missouri? 

Under Missouri law, a party can be held responsible for a wrongful death if they could have been held legally responsible in the same situation if the person had lived. For any act, conduct, occurrence, or circumstance that a person could have sued for if they had lived, it is possible for certain people to sue on their behalf. 

Statute of Limitations 

The statute of limitations is the deadline after which you can no longer file a claim. In Missouri, the statute of limitations for wrongful death is three years from the date of death. 

Who Can File a Wrongful Death Claim in Missouri? 

Certain individuals can file a wrongful death claim on behalf of the deceased. First, their spouse, children, and parents are allowed to file. Then, the deceased’s siblings or their descendants are eligible to file a wrongful death claim. Others may also be eligible to file a claim. Consult with a knowledgeable wrongful death attorney to learn about your options. 

What Needs to Be Proven to Constitute a Wrongful Death? 

You must be able to show that the party’s actions, or lack of actions (negligence), were the cause of your loved one’s passing. The standard for proving a wrongful death claim is that the case must be proven by a “preponderance of the evidence.” This standard is typically less difficult to meet than “beyond all reasonable doubt,” which is the standard in criminal homicide cases. 

Damages Available 

The party responsible for your loved one’s passing can be held financially accountable for the damages they caused. This financial compensation, known as damages, will be calculated depending on several different factors.  

Typically, the damages available include compensation for funeral expenses, burial costs, your loved one’s lost income, and other monetary losses as well. Speak to an experienced wrongful death attorney to learn more about what damages might be available in your case.