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When to File a Wrongful Death Lawsuit

Posted by Alexander Wolff | Nov 09, 2017 | 0 Comments

When to File a Wrongful Death Lawsuit

When a person dies or is killed due to the negligence or misconduct of another, including murder, the surviving members of the victim's family may sue for "wrongful death." Although a successful wrongful death suit can't bring the loved one back, it can allow the victim's relatives to receive compensation for their loss. A wrongful death lawsuit can be brought against an individual, business or any other entity that is liable for the individual's death. However, there are specific criteria that must be met to file a case.

Causes of a Wrongful Death

There are several circumstances that may lead to taking legal action, such as:

  • Medical malpractice that results in death
  • Automobile or airplane accident
  • Workplace issues such as exposure to hazardous conditions or substances
  • Criminal behavior

In the News

Although wrongful death lawsuits should be filed as soon as possible, our trial lawyers can assist you if the incident has occurred in the recent past. For example, three years after the deadly tank explosion in Soulard, Missouri, the family of Tonya Gonzales is now suing the six companies involved.


Wrongful death cases can result in compensation for various types of losses incurred. These include medical bills, funeral costs, loss of income and retirement benefits, and the pain and suffering of the survivors. In Missouri, the law specifies the classes of relatives that can file a wrongful death injury lawsuit, they are:

  1. Spouse
  2. Children of the deceased
  3. Father or mother of the deceased
  4. Siblings of the deceased
  5. A plaintiff appointed by the court if none of the above pursues a lawsuit

Experience Counts

Dealing with the legal issues after a tragic loss is confusing and made more difficult by the grief you are experiencing. Insurance companies may try to take advantage of your vulnerable state in order to get you to settle for a reduced amount. Our experienced lawyers will help you navigate this difficult time and assist you in finding justice for your lost loved one. If your family has lost a relative as a result of another's negligence, you need a strong advocate who understands what you are going through and can provide trusted guidance. We are ready to advise and assist you during this difficult time. At Wolff & Wolff our St. Louis, Missouri office proudly serves the St. Clair, St. Charles and surrounding communities in wrongful death lawsuits. Contact our expert team now at (314) 241-2500.

About the Author

Alexander Wolff

Alex has handled hundreds of cases and claims of his own, including car, truck, and bike crashes, slip & trip & falls, dog bites, and HIPAA violations. Alex is not afraid to take cases to trial, and has been instrumental not only in millions of dollars of recovery in settlements and trial...


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