Average Wrongful Death Settlement in Missouri (2024)

By Zane T. Cagle | July 21, 2024 | Wrongful Death

If you have recently lost a family member due to the negligence of another person, it can form the foundation of a wrongful death case. If you are preparing to build this type of personal injury case, it is natural to wonder about the average wrongful death settlement in Missouri and how much compensation you and your family can expect if you succeed. The reality is that it is very difficult to assess the value of the loss of a loved one.

The Size of Your Missouri Wrongful Death Settlement

While you may be wondering about the average wrongful death settlement in the state, the truth is that each case is entirely unique, and there is no “average settlement.” The size of your settlement can vary based on a number of factors. You should be compensated for the losses you incurred due to the defendant’s actions. You need an experienced attorney to help you reach the optimal outcome for this type of case. They can help you receive a fair settlement.

Building a Wrongful Death Case

In every wrongful death case, the plaintiff must identify the party or parties responsible for the death, prove how they caused the death and the resulting costs, and show proof of the extent and severity of their losses. However, determining the extent of these costs can be especially challenging in a wrongful death case.

Economic losses in a wrongful death case typically include the direct financial losses suffered because of a defendant’s negligence, whereas non-economic losses apply to pain and suffering. It can be very difficult for a person to determine the monetary value of the loss of a loved one, and no amount of money can replace the person they lost. Calculating loss for a loved one can seem overwhelming if not particularly personal.  We understand it is personal and we take your loss personally.

Wrongful deaths most often result from vehicle accidents, slip and fall accidents, workplace accidents, and defective and/or unreasonably dangerous consumer products. Your attorney can be an invaluable asset for proving the exact cause of the death and holding the appropriate party or parties accountable. They can help you determine the compensation you can seek from the defendant’s insurance carrier.

Dealing With Insurance Companies

Securing compensation for wrongful death will usually require negotiation with an insurance company. It’s possible for the plaintiff in a wrongful death case to seek compensation for funeral and burial costs, medical expenses for treatment of the victim’s injury, and loss of financial support if the deceased was a breadwinner for their family.

Non-economic losses, such as loss of consortium and loss of companionship, are more challenging to prove. Insurance companies tend to be very difficult when it comes to the evidence they demand to show the severity of any non-economic losses a plaintiff intends to claim.

Dealing with insurance companies can be very challenging due to the fact that they will generally look for all the ways they can to push back against claims and that feels particularly grievous after the death of a loved one. You want an attorney to deal with the insurance carrier during this time whether it be settlement negotiations or litigation.

FAQs

Q: Who Can File a Wrongful Death Case?

A: In Missouri, only certain parties may file a wrongful death case. The parties with the right to file a wrongful death case include the surviving spouse and/or children of the deceased. Next would be parents, siblings, and other beneficiaries of the deceased’s estate. It is possible for one or multiple parties to act as plaintiffs in a wrongful death case. It is also possible for the court to appoint a plaintiff ad litem if a case requires it.

Q: What Is a Wrongful Death Case Worth?

A: The value of a wrongful death case can vary based on multiple factors. In a standard personal injury case, the plaintiff seeks compensation for the injuries they suffered because of a defendant’s actions, but a wrongful death case seeks compensation for the losses suffered by the surviving family of the deceased victim. Your attorney can provide an estimate of your case’s total potential value.

Q: Who Receives the Proceeds From a Successful Wrongful Death Case?

A: In Missouri, the proceeds from a successful wrongful death case go to the plaintiff or plaintiff class who filed the case. In most cases, the plaintiff will then distribute the proceeds of the successful case to the beneficiaries of the deceased, usually with the help of an attorney. Generally, there are a few people that qualify for this class and working with an attorney is essential. Compensation recovery is usually a battle so unity among the family is important for success of the case and peace for the family members.  If the deceased had an estate plan, the plan may provide some guidance as to how the deceased would have wanted the proceeds distributed.

Q: Why Do I Need to Hire a Wrongful Death Attorney?

A: You need to hire a wrongful death attorney, because without one, your success rate fighting an insurance company is not high. Additionally, pursuing a wrongful death case usually requires a long, extensive battle which is really overwhelming to a family processing grief.  Hiring an experienced attorney you trust can significantly improve the quality of the results you achieve.

Q: What Does It Cost to Hire a Wrongful Death Attorney?

A: The cost to hire a wrongful death attorney is usually a percentage of your final settlement or verdict. Most attorneys who accept wrongful death cases do so on a contingency fee basis, meaning the client only pays a fee if the attorney secures a recovery for them. If the attorney is successful, they charge a percentage of the final settlement or verdict. Remember that not hiring a lawyer can be more expensive in the end, as you may receive a low settlement or no compensation whatsoever.

Reach Out to the Skilled Wrongful Death Attorneys at The Cagle Law Firm Today

The talented lawyers at The Cagle Law Firm can help you assess the potential value of your wrongful death case. We know how challenging these cases can be, and our firm can lead and advise you through each stage of your proceedings. Contact us today to schedule a free consultation with an experienced wrongful death lawyer and learn more about the legal services we offer.

About The Author

Zane T. Cagle

Zane T. Cagle is the founding president and lead trial attorney at The Cagle Law Firm. With a strong dedication to his clients, he has built a reputation for his tenacious representation in personal injury cases, ensuring each client's unique story is heard.Areas of Practice: Personal injury, motor vehicle accidents, wrongful death.Bar Admissions: Supreme Court of Missouri, Illinois & Kentucky. Superior Court of U.S. Virgin IslandsEducation: Washington University School of Law.Awards: Super Lawyers, Top 40 Under 40 by The National Trial Lawyers Association, 10 Best in Missouri for Customer Satisfaction.

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