St. Louis Wrongful Death Lawyer

St. Louis Wrongful Death Attorney

When one person’s actions result in the death of another party, the victim’s family has the right to seek compensation through a wrongful death claim. A St. Louis wrongful death attorney can provide the compassionate legal counsel you will need for this claim if you have recently lost a loved one unexpectedly from another party’s actions.

When another person or business’s negligence, recklessness, or egregious misconduct caused your loved one’s death, then you and other family members may have the right to pursue compensation. When dealing with the death of a loved one, negotiating a settlement or trial is almost impossible on your own. The loss of a loved one is very personal and overwhelming. The fight for fair compensation is a grueling process. Most often the fight is against a corporation or large insurance carriers with large legal teams, many resources, and plenty of time. You need a skilled and aggressive St. Louis personal injury attorney by your side to even the playing field.

After a death, it is up to your legal team to best tell your loved one’s story through your family and friends. It is time-intensive and requires skills and tireless effort to understand what the loss of your family member means to you and your family. Each story is unique and not reduced to simply the lost wages of your family member. Many clients have honored us by letting us tell their stories so that a jury can uniquely understand what your loss means.

At The Cagle Law Firm, we’re committed to helping those who have lost loved ones due to someone else’s actions. We’ll work tirelessly on your side to obtain compensation for your loss. Call us now to schedule a consultation.

Why You Need a St. Louis Wrongful Death Law Firm

When your spouse, parent, or child is killed in an accident, the claim and legal processes are far different than those you would deal with had your loved one been non-fatally injured in an accident. Illinois and Missouri’s wrongful death cases are very specific types of personal injury cases, and each state has different rules for determining who has a claim and the time limits that may apply. As each case is very different, the compensation also varies. You need to work with an attorney with an extensive background in wrongful death claims and knowledge of the state’s laws and court procedures where the death occurred. At The Cagle Law Firm, we have substantial experience and a history of success in Illinois and Missouri wrongful death claims.

Types of Wrongful Death Claims

Wrongful death claims can arise in a variety of tragic situations. From car crashes, such as drunk driving accidents, to construction accidents, any fatal accident that arises from another person’s carelessness, recklessness, failure to act when they should, or intentional misconduct may offer you and your family the right to pursue wrongful death damages. At The Cagle Law Firm, we have experience working with various types of wrongful death claims.

A wrongful death suit is a personal injury claim filed when the victim does not survive. However, there are certain rules for wrongful death claims, and while a personal injury suit is filed to obtain compensation for the plaintiff’s damages, wrongful death claims are filed in an attempt to compensate the victim’s loved ones. Most wrongful deaths reported in the state happen because of negligence, but it is also possible for illegal misconduct to cause a fatal injury.

Proving negligence in a wrongful death case is similar to how you would prove negligence in a personal injury case. You will need to identify the party who caused the death, prove exactly how they caused it, and then prove the extent of the resulting damages.

What Compensation Can You Receive for a Wrongful Death?

The unexpected loss of a parent, spouse, or child is emotionally devastating. But then, the surviving family members have the added financial loss depending on the deceased family member’s role. You may have relied on that person’s income to pay your normal bills or expected financial contributions and emotional support. To say the least, your life and financial health may never be the same.

The following commonly cited damages are why you should speak with a wrongful death lawyer in St. Louis, MO about pursuing compensation and what can be recovered, which may include:

• Medical costs. The surviving family can claim reimbursement for losses sustained by the deceased’s estate, such as their final medical treatment costs between the fatal injury and the time of their death.
• Funeral and burial expenses. The defendant may be liable for funeral and burial costs. It’s likely that funeral services will occur before a wrongful death case is finalized or even filed.
• Loss of financial contributions. If the deceased was a breadwinner for their family, the family can seek compensation for the income the deceased can no longer provide. This usually requires calculating how long they could have continued working if they had survived.
• Loss of care and support. The family has the right to seek the lost value of household services and childcare that the deceased provided. Many families have to completely rearrange their schedules in response to an unexpected death in the family, and such changes almost always entail increased economic hardship.
• Loss of love and companionship. The family has the right to claim pain and suffering compensation to reflect the anguish of losing the victim. Missouri law only limits pain and suffering compensation in wrongful death claims filed in response to medical malpractice. For all other wrongful death claims, plaintiffs may seek as much as they believe to be appropriate.
• Loss of inheritance that you would have received. The unexpected wrongful death of a family member could negatively impact investments, insurance, and other forms of inheritance their beneficiaries would have otherwise received. Any such losses may be included in the wrongful death suit.
• If your loved one dies due to the defendant’s criminal action, they may face criminal prosecution from the state for breaking the law. While this criminal case aims to punish wrongdoing and not to compensate the victim, a judge may include restitution to the victim’s family as an element of the defendant’s sentence. This is not claimed directly by the family in their civil case and is awarded at the discretion of the court.

By seeking compensation from the liable party’s insurance carrier, you have the opportunity to gain justice and the financial recovery you need to move forward. However, the compensation you are entitled to may vary depending on how the death occurred, where the death occurred, and your relationship to the deceased.

The laws and guidelines on who can actually file the wrongful death case vary depending on within which state the death occurred. Our attorneys represent those fatally injured in Missouri, Illinois, and Kentucky. Who can receive compensation in a wrongful death claim depends on state law and one’s relationship to the deceased. The Cagle Law Firm will help determine who is eligible to receive compensation and how to go about pursuing that compensation.

The Wrongful Death Claim & Legal Process

If you want to learn more about the wrongful death process in Illinois or Missouri, contact a St. Louis wrongful death lawyer right away. Illinois and Missouri have distinct wrongful death laws, which means you face a different legal process depending on where the death occurred. The Cagle Law Firm will help you build the foundation of your wrongful death suit and begin the process of claiming compensation from the defendant.

There is also a critical deadline called the “statute of limitations” to consider in wrongful death cases. In Illinois, you have two years following the date of your loved one’s death to file in the appropriate court. In Missouri, you have three years from the date of your loved one’s passing to file a wrongful death suit in the appropriate court. Experienced wrongful death attorneys pursue compensation in the correct court in a timely way.

Our attorneys examine the damages you and your family are facing due to the loss of your loved one and demand compensation accordingly. Each wrongful death is approached differently depending on how the death occurred. Wrongful death investigations most often involve finding experts and reconstruction experts. We gather evidence that supports your claim that another party was negligent, causing your loved one’s death.

After an initial demand is made to the defendant(s), insurance carriers for the parties may make offers for settlement. Each offer is shared with the client in consultation and advice from our attorneys. Our attorneys negotiate fiercely for the best offer through possible settlement or mediation. If a settlement is not successful or sufficient, our attorneys are not hesitant to litigate cases. While our attorneys do love to go to trial and work with the client for maximum recovery, ultimately, your case belongs to you. Our mission is always to do what is absolutely best on behalf of our clients.

At The Cagle Law Firm, our wrongful death lawyers in St. Louis are not afraid to face major companies or insurers at trial. We have successfully secured case awards for our clients in a wide range of cases and have faced all types of defendants on behalf of our clients, and we are ready to leverage this experience in your impending wrongful death suit.

Comparative Fault in Wrongful Death Claims

Your or your family’s wrongful claim may be affected by the other party’s allegation of comparative fault. For instance, the liable party may claim that your family member contributed to the accident. If they can prove that your relative was more than 50 percent at fault for the accident that caused their death, then your family may be barred from receiving compensation. If a court finds your loved one was less than 50 percent responsible, then your recovery will be diminished by the proportion of your relative’s fault. To illustrate this, if the court decides the other party is 80 percent at fault, and your loved one was 20 percent responsible, then your financial recovery will be reduced by 20 percent. If the judge or jury determined your damages amounted to $100,000, you would be rewarded $80,000.

To be clear, comparative fault can get complicated, and you absolutely should involve a wrongful death attorney to assist you in evaluating your possible claim. After the death of any loved one, investigating and trying to plan a wrongful death case is not something anyone should do on their own.

Let a St. Louis Wrongful Death Law Firm Help You

It can be hard to think clearly after unexpectedly losing a loved one. How are you supposed to know what to do when your spouse, parent, or child is suddenly killed? You are not expected to know all of your next possible steps. We are expected to know the legal steps. Our experienced legal team at The Cagle Law Firm is here to explain your rights after another person or business caused or contributed to your loved one’s death. If you have the right to pursue compensation, we will guide you through every facet of the wrongful death legal and claims processes. We will advocate aggressively for a fair financial recovery for you and your family.

The Cagle Law Firm is here for you during this difficult time. Contact The Cagle Law Firm toll-free at (1-800) 685-3302 or locally at (314) 276-1681 to learn more about working with a wrongful death lawyer in St. Louis, MO.