St. Charles County Wrongful Death Lawyer | Finney Injury Law
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This page is attorney advertising. It offers general information about Missouri law and is not legal or medical advice for your situation. Reading this page or contacting the firm does not create an attorney-client relationship, which is formed only by a written agreement signed by both you and the firm. Any case results described are specific to the facts of those cases; past results do not guarantee, warrant, or predict a similar outcome in any other matter. Finney Injury Law is licensed to practice law in the State of Missouri. The full disclaimer appears at the bottom of this page.

Missouri's wrongful death statute answers three questions before anyone argues about money: who is permitted to bring the claim, how many claims may be brought, and how long there is to bring one. Those answers do not change by county, but where a case is tried does.

We have taken two wrongful death cases through to a result in St. Charles County's own courthouse, against two different kinds of defense, which is the clearest evidence we can offer about what we would bring to a third.

What we've already proven in this courthouse.

A Denial, Taken to Trial

In one case, the defendant offered nothing and denied responsibility outright. We tried the case to a St. Charles County jury rather than accept that position, and the jury returned $20,025,000.

A Medical Emergency Defense, Answered

In the other, the defense was not that the crash was minor. It was that no one was legally responsible, because the other driver had suffered a sudden medical emergency. We answered that defense and recovered $2.45 million for the widow and children.

Who May Actually Bring the Claim

Missouri groups potential claimants into tiers: the surviving spouse, children, and parents first; siblings if none of those survive; and a court-appointed plaintiff if no one in either group survives. Only one action may be brought per death, and the court apportions any recovery among everyone entitled to share in it.

A Three-Year Clock, Not a Five-Year One

Missouri generally allows three years from the date of death to file a wrongful death claim, two years shorter than the standard personal injury period. Families who assume the longer deadline applies are a common and costly mistake we see.

What it took to get each result.

A nineteen-year-old known to his family as “Junior” was riding in the family SUV on Highway 70 when a semi-truck struck the vehicle. The trucking company denied responsibility, offered zero dollars, and spent three years blaming his mother, who was driving. A St. Charles County jury returned $20,025,000.

“They offered nothing, and blamed his mother. The jury returned $20,025,000.”

A father of six was killed in a head-on collision after the other driver suffered a medical emergency. We represented his widow and children and recovered $2.45 million.

Different facts, different defenses, the same outcome: a result that reflected what the loss was actually worth, obtained in the same courthouse a St. Charles County family's case would be heard in.

Read the full story →

Wrongful death results in St. Charles County.

Both of these results are from St. Charles County. Past results do not guarantee a future outcome, and every case depends on its own facts.

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What a family should do first.

01

Work out who is in the first statutory class.

Surviving spouse, children and the descendants of any deceased child, and parents. Missouri allows one action per death, so establishing this early avoids a dispute later about who brings it.

02

Do not give a recorded statement to the other insurer.

You are under no obligation to do so. Early statements are used later to argue about fault or about the relationship between the deceased and the family.

03

Preserve what will otherwise disappear.

Vehicles get repaired or scrapped, surveillance video is overwritten on short retention cycles, and commercial carriers hold electronic data on retention schedules of their own. A preservation demand sent early matters more than discovery sent late.

04

Mind the three-year limit, but move sooner.

The evidence that proves a wrongful death case has its own, shorter clock than the statute does.

Wrongful death questions, answered.

Has Finney Injury Law handled a wrongful death case in St. Charles County?

Yes, twice to a result. We tried a wrongful death trucking case to verdict in St. Charles County, obtaining $20,025,000 after the defense offered nothing. We also recovered $2.45 million for the widow and children of a father of six killed in a St. Charles County head-on collision.

Who is entitled to file a wrongful death claim in Missouri?

Missouri sets an order: first the surviving spouse, children and the descendants of any deceased child, and parents. If no one in that class survives, the claim passes to siblings and their descendants. If no one in either class survives, a court may appoint a plaintiff ad litem.

Where would my St. Charles County wrongful death case be filed?

Generally in the Circuit Court of St. Charles County, the 11th Judicial Circuit, in the city of St. Charles. Venue may also be proper where a defendant resides or does business, which can matter in a case involving an out-of-state driver or a trucking company.

How long does a family have to file in Missouri?

Generally three years from the date of death, not three years from the incident that caused it if the two dates differ. That is shorter than the five-year period for most personal injury claims, and a common point of confusion.

What if the at-fault party claims a medical emergency or denies fault entirely?

Both defenses are answerable, not automatic. A sudden medical emergency defense depends on whether the event was genuinely unforeseeable, and a flat denial of responsibility is a position to be tested at trial, not accepted. We have answered both in St. Charles County.

What can a Missouri wrongful death claim recover?

Lost financial support and services, the value of companionship, comfort, guidance, and counsel the survivors have lost, funeral and burial expenses, and medical expenses from the final injury. What applies depends on the facts.

What does it cost to hire Finney Injury Law?

We handle wrongful death cases on a contingency fee, so there is no fee unless we recover for you. The case review is free, and an attorney personally reviews every case.

Related pages.

Who can file a wrongful death claim Wrongful death overview Car accidents, St. Charles County Head-on collisions
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