Wrongful Death Information Center

St. Louis, Missouri, Wrongful Death Lawyers

Nothing hurts more than losing a loved one. It is a tragic fact that many wrongful deaths occur as a result of human negligence. If you have lost a loved one through the negligence or fault of another, a wrongful death lawsuit can't bring the person you love back, but it can help you get full and just compensation for your family's loss and ensure whoever was responsible can't hurt anyone else.

The Marks Law Firm, L.L.C. has represented over 1,000 clients in various State and Federal personal injury matters. We work with clients to determine whether their injury claim is best resolved by a negotiated settlement or a trial. We continue to successfully represent clients who have lost a loved one where someone else was at fault. We have the experience necessary to properly investigate a client's claim and prepare a compelling case on his or her behalf. We help each client assess monetary damages (compensation) by understanding their injuries and evaluating their case based upon our experience with the court system and familiarity of damage awards.

This page is intended to provide you with a general overview of motor vehicle accident law. For more information, contact The Marks Law Firm, L.L.C. for a free initial consultation to discuss your case. Call (314) 993-6300 to start planning your case.

We Practice Throughout the St. Louis Metropolitan Area

For a top notch law firm without the inconvenience of downtown St. Louis or Clayton traffic, call The Marks Law Firm, L.L.C. We practice throughout the St. Louis metropolitan area, including St. Louis County, St. Charles County, the City of St. Louis, Jefferson County, Lincoln County, Warren County, Franklin County, Madison County - Illinois, St. Clair County - Illinois, and Monroe County - Illinois. 

The Marks Law Firm, St. Louis Missouri Phone: 314-993-6300 · E-mail Calls answered 24 hours a day.

Wrongful Death - An Overview

Losing a loved one is painful. Losing a loved one due to wrongful death can be even more difficult. If someone's wrongful actions caused injuries that resulted in your loved one's death, that is a wrongful death. At common law, there was no legal action that surviving family members could take. That changed, however, when governments began to make laws protecting survivors. Now, in every state in the US, the representative or heirs of a person lost to wrongful death may file a lawsuit for monetary damages. The laws, however, vary quite a bit from state to state, so consulting with an attorney from The Marks Law Firm, L.L.C. in St. Louis, Missouri, is advisable.

Monetary Damages for Wrongful Death

The main method courts have for measuring loss in wrongful death lawsuits is pecuniary damages — that is, the court must determine the proper compensation for the financial loss that the death has caused. Though this may seem harsh or cold, money damages are the remedy that civil courts have at their disposal. Thus, when the courts measure loss, the first thing most of them turn to is quantifiable data:

• How much money did the deceased earn?
• How much money did the deceased save?
• How financially dependent were the survivors on the deceased?

The court will also take into consideration:

• Funeral expenses
• Medical expenses

The wrongful death lawsuit is meant to compensate certain surviving family members, not necessarily to punish the party responsible for the death. Punitive damages are available, however, in some states when the actions of the defendant were reckless or malicious.

Factors in Determining Economic Loss

Courts look at a number of elements when they determine the level of financial loss the plaintiff in a wrongful death lawsuit has suffered. Most of the considerations take into account characteristics of the person who has passed away:

• Earning potential
• Health
• Life expectancy
• Assets

Courts assess these factors when considering the financial dependence of the plaintiff on the deceased.

Some activities that might not seem economic at first glance can be characterized as such by the court. This is because it would cost money to have someone besides the deceased perform the activities. They include:

• Child care
• Housekeeping
• Assistance with family member's medical or daily living needs

The plaintiff may wish to use expert testimony to establish the amount of loss.

Factors in Determining Emotional Loss

Not all of the emotional harm suffered by the plaintiff can be compensated by the court. Some aspects of what the decedent contributed to the family, however, are "calculated" by the court:

• Parental guidance
• Companionship
• Affection

In making this determination, the court will look at the strength of the relationship between the plaintiff and the decedent. The weight the court gives this type of loss changes based on the particular state's laws.

Survival Action for the Injuries of the Deceased

Some courts will allow the plaintiff to sue for injuries sustained by the person who died. This is called a "survival action" because the legal claim survives after the injured person's death. This claim could be presented at the same time as the wrongful death lawsuit. If this is allowed, the plaintiff may need to show that the injured person was aware of and emotionally affected by the injuries before passing away.

Contact an Attorney

Each state has a rule — a statute of limitations — about how long a plaintiff has to file a wrongful death claim. After that time has elapsed, it is too late to take legal action. It is therefore important to speak with an attorney from The Marks Law Firm, L.L.C. in St. Louis, Missouri, about your rights and options soon.

Copyright ©2007 FindLaw, a Thomson Business

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.