St. Louis Wrongful Death Lawyer

Trusted wrongful death lawyers with over 10 years of experience.

If you have lost a family member because of someone else’s negligence in St. Louis, Missouri law allows specific surviving relatives to bring a wrongful death claim against the responsible party. The deadline to file is shorter than the general personal injury filing window, and the statutory rules governing who has standing to sue and what damages are recoverable are different from those that apply to a typical injury claim. Understanding the framework early helps preserve evidence and protect the family’s right to recover.

Schmittgens Injury Law Firm represents families pursuing wrongful death claims across St. Louis. Our founder Rob Schmittgens has handled wrongful death matters for ten years. Talk to a St. Louis, MO wrongful death lawyer families can rely on. Schedule a free consultation today.

Wrongful Death Lawyer St. Louis, MO

Wrongful death cases are governed by Missouri’s wrongful death statute, which creates a separate cause of action distinct from the personal injury claim the deceased could have brought during their lifetime. The statute determines who has standing to sue, the deadline for filing, and the categories of damages available. A wrongful death attorney’s work begins with confirming the eligible plaintiffs, preserving evidence relating to the underlying incident, documenting the financial and non-financial losses sustained by the family, and pursuing recovery against every party whose conduct contributed to the death.

Types of Wrongful Death Cases We Handle in St. Louis

Wrongful death claims arise from many underlying causes, and the case strategy depends on the nature of the incident and the legal framework that applies to that cause. The case types below reflect the matters we encounter most often for clients in the St. Louis area.

• Car accidents. Motor vehicle crashes are a leading cause of wrongful death claims. We pursue at-fault drivers, their employers in commercial cases, and any third parties whose negligence contributed.
• Truck accidents. Commercial trucking deaths involve federal motor carrier regulations and multiple potentially liable parties, including the driver, the carrier, the shipper, and equipment manufacturers.
• Motorcycle accidents. Riders are at substantially higher risk of fatal injury than vehicle occupants, and these cases often involve aggravated negligence by the at-fault driver.
• Pedestrian accidents. Pedestrians struck by motor vehicles frequently suffer fatal injuries because of the absence of any protective barrier between the body and the vehicle.
• Bicycle accidents. Cyclists struck by drivers often suffer catastrophic and fatal injuries even when wearing protective equipment.
• Medical malpractice deaths. Surgical errors, anesthesia mistakes, missed diagnoses, and medication errors that result in death are pursued under both Missouri’s wrongful death statute and the medical malpractice procedural rules.
• Nursing home neglect deaths. Pressure ulcers, falls, dehydration, malnutrition, and medication errors in nursing homes can result in death and may support claims against the facility, the operator, and individual caregivers.
• Workplace and construction deaths. Fatal workplace injuries can give rise to both workers’ compensation death benefits and third-party wrongful death claims when a non-employer’s negligence contributed.
• Premises liability deaths. Falls, drownings, fires, and assaults occurring on poorly maintained or insecure property can support wrongful death claims against the property owner and any other responsible parties.
• Defective product deaths. Vehicle component failures, defective medical devices, and other product-related fatalities are pursued under both wrongful death and product liability theories.

Why Choose Schmittgens Injury Law Firm for Wrongful Death Cases in St. Louis, MO?

Plaintiff-Side Wrongful Death Experience

Founder Rob Schmittgens has spent ten years representing families and individuals in catastrophic and fatal injury matters. He earned admission to the Missouri Bar in 2016 and the Illinois Bar in 2017, with practice rights in the Eastern District of Missouri. Before founding Schmittgens Injury Law Firm, Rob handled personal injury and workers’ compensation claims at several area firms, working cases from intake through final resolution. When we serve as a client’s personal injury lawyer in St. Louis, our experience across the broader injury practice informs our approach to liability investigation, damages documentation, and negotiation strategy in wrongful death cases.

Rob graduated with honors from Quincy University in 2013 and earned his J.D. from the UMKC School of Law. He maintains active memberships in the Missouri Association of Trial Attorneys, the Illinois Trial Lawyers Association, and the Bar Association of Metropolitan St. Louis (BAMSL).

Contingency Fee Representation

Wrongful death matters at our firm are handled on a contingency fee basis. We do not require retainers or hourly billing, and we advance the costs of investigation, expert consultation, deposition transcripts, and court fees on behalf of our clients. Our firm has secured millions of dollars recovered for clients across the cases we have handled. If we do not produce a recovery, no fees are owed for our time.

Understanding Wrongful Death Cases

Damages, Liability, and Compensation for Wrongful Death Cases

Damages in wrongful death cases are governed by Missouri’s wrongful death statute and include both economic losses sustained by surviving family members and non-economic losses related to the loss of companionship, services, and support. The categories differ from those available in a standard personal injury claim.

Common categories of wrongful death recovery include:

• Lost wages and benefits the deceased would have earned over their working life
• Lost services the deceased would have provided to the family
• Loss of companionship, comfort, instruction, guidance, counsel, and training
• Funeral and burial expenses
• Medical expenses incurred between the injury and the death
• Pain and suffering experienced by the deceased between the injury and death
• Punitive damages where the responsible party’s conduct was reckless or aggravated

Missouri’s wrongful death statute creates a tiered standing system that determines who is eligible to bring a claim. Class 1 includes the surviving spouse, children, and parents of the deceased. Class 2 includes siblings or their descendants when there is no Class 1 claimant. Class 3 allows for the appointment of a plaintiff ad litem when no Class 1 or Class 2 claimant exists. Multiple eligible Class 1 claimants share the recovery, and disputes over allocation among family members are resolved by the court.

Liability in wrongful death cases turns on the underlying cause of the death and the legal framework that applies. Most cases involve negligence, with Missouri applying pure comparative fault to allocate responsibility. The recovery is reduced by the deceased’s percentage of fault but not eliminated unless the deceased was 100 percent at fault.

Important Aspects in Your Wrongful Death Case

Several practical and procedural realities affect every wrongful death claim. Recognizing them at the outset helps preserve evidence and protect the family’s right to recover.

• Missouri’s three-year wrongful death statute of limitations is shorter than the general five-year personal injury deadline
• Standing under the wrongful death statute is tiered, and disputes among potential claimants are resolved by the court
• Evidence of the underlying incident may be lost or destroyed if not preserved promptly through formal preservation requests
• Insurance adjusters for the at-fault carrier represent the carrier’s interests, not the family’s
• Parallel criminal proceedings (such as DUI manslaughter or vehicular homicide cases) can produce evidence that supports the civil case
• Probate proceedings may be necessary in some cases to administer the deceased’s estate, separate from the wrongful death claim itself

The first thirty to ninety days after a death are often the most important for evidence preservation. Crash reports, surveillance footage, medical records, and witness statements can all be obtained more reliably during this window than later in the case.

Wrongful Death Case Timeline

Wrongful death claims generally follow a longer case timeline than typical injury cases because of the additional procedural steps and the complexity of damages documentation.

• Initial consultation, identification of eligible Class 1 claimants, and evidence preservation
• Investigation of the underlying incident, including expert consultation
• Documentation of economic and non-economic damages, including lost earnings projections
• Demand letter prepared and submitted to the responsible carriers
• Negotiation phase, often longer in wrongful death cases than in routine injury matters
• Filing suit if negotiations stall, available limits are insufficient, or the three-year deadline approaches
• Discovery, depositions, and mediation, followed by trial or settlement
• Court approval of any settlement and allocation among Class 1 claimants

Resolution timelines vary substantially. Cases involving multiple defendants, contested liability, or substantial damages often run two years or longer. Settlement before damages are fully documented frequently results in a recovery below the case’s actual value because future financial losses to the family remain unquantified.

What to Bring to Your Wrongful Death Consultation

The following materials, when available, allow for more efficient case evaluation at your initial consultation.

• The death certificate and any autopsy report, if completed
• The police, incident, or accident report, or its incident number for ordering a copy
• Documentation of the deceased’s income, employment, and benefits
• Funeral and burial invoices
• Medical records from any treatment between the injury and the death
• Insurance information for every party potentially involved
• The names and contact information of any witnesses to the underlying incident

Documents not available at the time of the meeting can be requested on your behalf after we are retained. Initial consultations are at no cost and typically run for approximately one hour. You will leave with a candid assessment of the claim, including its strengths, the likely defenses, and a realistic range for the case’s value.

Missouri Legal Resources for Wrongful Death

Missouri’s wrongful death framework is set out in Chapter 537 of the Revised Statutes, with related procedural rules in the probate and rules of civil procedure chapters. The resources below are commonly referenced in wrongful death cases.

• The Missouri wrongful death statute creates the cause of action, identifies who has standing to sue, and defines the categories of damages available.
• Missouri’s wrongful death statute of limitations requires that wrongful death claims be filed within three years of the date of death, with limited exceptions.
• The Missouri Department of Health and Senior Services issues death certificates and maintains vital records relevant to wrongful death claims.
• The Missouri Office of State Courts Administrator provides public access to case records and forms used in wrongful death and probate proceedings.
• Federal injury statistics published by the CDC injury center include data on causes of fatal injury that may be referenced in damages presentations.

These resources reflect general rules and available data. The value of any individual case depends on the specific facts of the underlying incident, the family’s economic and non-economic losses, and the responsible party’s available coverage.

Reach Out to Schmittgens Injury Law Firm to Schedule a Consultation

If you have lost a family member because of someone else’s negligence in St. Louis, contact Schmittgens Injury Law Firm to discuss whether a wrongful death claim may be available. We will review the underlying incident, identify the eligible claimants under Missouri law, assess the available damages, and provide an honest evaluation of the case. Initial consultations are provided at no cost, and our representation is on a contingency basis.

Wrongful Death Statistics in St. Louis, MO

Fatal injuries take a steady toll across Missouri, and St. Louis carries a share of it every year. Nationally, unintentional injury is the third leading cause of death, with roughly 197,000 such deaths in a 2024 according to CDC mortality data. Traffic crashes account for a large part of that total. NHTSA estimates that 39,345 people died on the country’s roads in 2024, the first year below 40,000 since 2020.

Closer to home, MoDOT reported about 909 roadway deaths in Missouri in 2025, which works out to roughly two and a half every day. Pedestrians, motorcyclists, and people in passenger vehicles are all represented in those totals, along with deaths from causes that never reach a roadway at all. Many of these deaths involve a severe brain injury that proves fatal. Each number represents a family that lost someone, and many of those losses give rise to a wrongful death claim.

Mistakes That Can Damage Your Wrongful Death Claim

Families dealing with a sudden death are rarely thinking about a lawsuit in the first weeks, and that is understandable. But a handful of early missteps can quietly weaken a wrongful death claim before anyone files anything. These are the ones we see most often. None of them are unusual, and most are avoidable with early guidance from a wrongful death attorney.

• Waiting too long to look into the claim. The filing window for a death claim is shorter than the general injury deadline in Missouri, and evidence gets harder to recover with each passing month. Early questions cost nothing and protect your options.
• Giving the insurance company a recorded statement. The at-fault party’s carrier may reach out within days, sounding sympathetic. Anything a grieving family member says can later be used to shift blame onto the person who died.
• Letting evidence slip away. Vehicles get repaired or scrapped, surveillance footage is overwritten, and witnesses move on. Preserving evidence early, through formal requests when needed, keeps the proof intact.
• Posting about the loss or the case online. Social media posts are routinely pulled into litigation. Even an innocent comment can be twisted by the other side to question the family’s account.
• Accepting the first offer. An early settlement number almost always lands below what the claim is worth, because the full financial impact on the family has not yet been documented.
• Assuming the criminal case covers everything. A criminal prosecution punishes the wrongdoer, but it does not compensate the family. The civil claim is separate, and it can proceed even when charges are reduced or never filed.
• Skipping the autopsy or losing key records. The death certificate, autopsy findings, and treatment records between the injury and the death can all matter to a claim. They are easier to secure early than to reconstruct later.
• Handling the estate without coordinating the claim. Probate and the wrongful death claim are different proceedings, and decisions made in one can affect the other. Coordinating them from the start avoids problems down the line.

St. Louis Wrongful Death Lawyer FAQs

How much does a wrongful death lawyer in St. Louis cost?

Our firm handles wrongful death claims on a contingency fee basis, so a grieving family pays nothing up front and nothing by the hour. The fee comes from the recovery at the end, and if there is no recovery, you owe no fee for our time. We advance the costs of the investigation and the records the claim needs. The first consultation is free, which lets you talk with a wrongful death attorney about your situation without any financial risk to the family. We will also walk you through exactly how the fee works before you decide anything.

Is a wrongful death lawsuit the same as criminal charges?

No. A criminal case is brought by the state to punish a wrongdoer, and it can end in jail time or a fine. A wrongful death claim is a civil case brought by the family to recover for their losses. The two run on separate tracks, and a civil claim uses a lower standard of proof than a criminal prosecution. A family can pursue a civil claim even when the criminal system reaches a different result.

Can we bring a claim if no one was criminally charged?

Often, yes. Because the civil standard of proof is lower, a wrongful death claim can succeed even where prosecutors decline to file charges or a jury acquits. What matters in the civil case is whether someone’s negligence caused the death, not whether the conduct met the bar for a criminal conviction. A St. Louis wrongful death attorney can review the facts and tell you whether a civil claim is supportable.

Can more than one party be responsible for a death?

Yes, and identifying every responsible party often matters to the recovery. Liability might rest with a drunk driver, a hit-and-run driver, a rideshare driver, a company that employed the driver, or the owner of unsafe property. Sorting out who contributed, and what coverage each carries, is part of building a wrongful death case in St. Louis, MO.

Does a wrongful death settlement have to be approved by a court?

In many cases, yes. Missouri courts oversee how a wrongful death recovery is approved and divided among eligible family members, which protects everyone’s interest in a fair result. That step is one reason these cases move through the local courts differently than a routine injury claim. A wrongful death attorney handles the filings and appears on the family’s behalf so you are not facing the process alone.

What if the death began as a serious injury?

Some wrongful death claims start as catastrophic injury cases. A person may survive a crash or a fall for days or weeks before passing, and the records from that period become part of the claim. A fatal slip and fall on poorly kept property is a common example. The medical history between the injury and the death helps document both the suffering involved and the care the family arranged.

Will our wrongful death case have to go to trial?

Most wrongful death claims settle before trial, often once the responsible party’s insurer sees the strength of the documented losses. Some do go before a jury, usually when liability is disputed or the available offer falls short of what the family’s losses justify. A capable wrongful death attorney prepares every case as if it will be tried, because that readiness tends to produce stronger settlements. We will tell you honestly where your case stands as it develops, and you stay in control of any decision to accept or reject an offer.

When should we contact a wrongful death attorney?

The sooner the better, while evidence is fresh and the early record can still be built. There is no cost to ask, and an early conversation does not commit you to anything. Knowing when to hire someone is simpler than most families expect. A free consultation gives you a clear, honest read on whether a claim is worth pursuing in St. Louis.

Local Information for St. Louis Wrongful Death Cases

Important Local Resources for St. Louis Wrongful Death Cases

After a death, the offices below handle records and proceedings that often come up in a wrongful death case. These resources are listed for information only and are not endorsed by Schmittgens Injury Law Firm.

• City of St. Louis Office of the Medical Examiner, death investigation and autopsy: (314) 622-4971
• Missouri Bureau of Vital Records, certified death certificates: (573) 751-6387
• 22nd Judicial Circuit Probate Division, estate administration in the City of St. Louis: (314) 622-4500

About Schmittgens Injury Law Firm

Our founder, Rob Schmittgens, has built his career on the side of injured people and grieving families, with steady, compassionate advocacy when the stakes are at their highest. He takes wrongful death matters personally rather than handing them down to junior staff, and he is candid with families about what a claim can and cannot do. Rob is raising his own family in the St. Louis area, which keeps the human weight of these cases close to home. You can learn more about our attorneys and their backgrounds.

What Our Clients Say

★★★★★

“Rob is a very genuine and hardworking lawyer who didn’t just treat me as ‘another client.’ He took the time to explain every step along the way and made sure I understood the complexities of my case. The process was long, but Rob maintained an excellent level of communication and kept me informed of all the steps.” — Patrick Anderson

Read more reviews on our Google Business Profile.

Contact Schmittgens Injury Law Firm

Losing someone to another party’s carelessness is a loss no settlement can undo, but a wrongful death claim can hold the responsible party accountable and help protect your family’s financial future. If you are weighing your options in St. Louis, MO, our firm is ready to listen and to look at the facts with you. The first consultation is free, and we work on contingency, so there is no fee unless we recover. We will explain whether a claim is available, who may bring it, and what the process involves, without any pressure to decide. Contact us when you are ready, and we will respond promptly.