Losing someone you love because of another person’s carelessness is a kind of grief that doesn’t follow any schedule. In the middle of it, you may also be facing a decision you never wanted to make: whether to talk to a lawyer, and if so, what to even ask. It’s okay if this feels unfamiliar. You don’t need to walk into a consultation with all the answers – you only need to know what to listen for.
A free consultation is a conversation, not a commitment. It’s your chance to be heard, to understand your options, and to begin figuring out whether a particular attorney is the right one to stand with your family. The questions below are meant to help you get clear answers about your own situation, so you can leave the meeting understanding your case rather than carrying more confusion than you arrived with.
Wrongful death touches more families than many people realize. Accidents – unintentional injuries – are the third leading cause of death in the United States, accounting for 197,449 deaths in the most recent year reported by the Centers for Disease Control and Prevention, behind only heart disease and cancer. Behind each of those numbers is a family suddenly facing questions they never expected to ask. If you’re one of them, knowing what to bring up in a consultation can make a hard conversation a little easier to navigate.
What to Expect from A Wrongful Death Consultation in St. Louis
A first meeting after a loss should never feel like an interrogation or a sales pitch. A good consultation is unhurried and compassionate. You’ll share what happened, the attorney will listen, and together you’ll begin to understand whether there’s a claim worth pursuing – and what pursuing it would actually involve.
Expect the attorney to ask gentle but specific questions: what happened, where and when, who else was involved, and what you saw or were told. They’ll want to understand your loved one’s life too – their work, their family, their health history – because under Missouri law, those details shape what a claim can recover. They’ll also ask what evidence might exist: reports, photos, records, and the names of anyone who witnessed the event. None of this has to be perfect or complete. Part of the attorney’s job is to help you gather what’s missing.
While the attorney is assessing your case, it’s reasonable to be forming your own impression of them. Do they listen carefully, or rush you toward a signature? Do they explain things in plain language you can actually follow? Do you feel comfortable with them and confident they’ll treat your family with care? You’re not expected to evaluate anyone’s legal knowledge – what you can trust is your read on how you’re treated and whether your questions get clear, patient answers.
How Much Experience Do You Have with Wrongful Death Cases in Missouri?
Wrongful death claims are not ordinary injury cases. Ask how many the attorney has handled, what kinds of incidents were involved, and how those cases were resolved. You’re not looking for a specific number so much as a sense that this is familiar terrain – and that the attorney is comfortable with Missouri’s wrongful death law specifically, not just personal injury law in general. Ask, too, whether the firm tries cases. Most claims settle, but you want a team that is willing and able to go to a jury if a fair settlement isn’t offered.
Who in Your Firm Will Handle My Case?
At some firms, the attorney you meet is not the one who does the work afterward. Ask directly: who will be responsible for your case day-to-day, and who will you be able to reach when you have questions? You deserve to know who’s handling your file and how communication will work. A family in mourning shouldn’t have to wonder whether they’ve been handed off to someone they’ve never spoken with.
How Is Your Fee Structured?
Most wrongful death attorneys, including brown & crouppen, work on a contingency basis – meaning you pay no attorney’s fees unless compensation is recovered. Still, it’s fair to ask how it works in detail:
- What percentage is the Contingency fee?
- Are case expenses, like court filing fees and expert witnesses, advanced by the firm?
- Are those costs reimbursed only out of a recovery, and what happens if there is no recovery?
Reputable firms explain all of this clearly and in writing before you agree to anything, and you should never be asked to pay upfront to be represented in a contingency fee agreement.
How Long Will This Take?
No honest attorney can promise an exact timeline, but an experienced one can give you a realistic range based on the facts. Some claims resolve in under a year; others, especially where liability or damages are disputed, take longer. What matters is that the attorney explains Why – what stages your case will move through and what could speed it up or slow it down. A thoughtful answer here is a sign you’re getting a straight conversation rather than what you want to hear.
Questions About how Missouri Law Applies to Your Case
Missouri’s wrongful death law has some specific features, and a good consultation will walk you through the ones that affect your family. You don’t need to study these in advance – but knowing they exist helps you ask the right questions and understand the answers you get. These are the areas worth making sure you leave the meeting clear on.
Who Can File a Wrongful Death Claim Under Missouri Law?
Missouri doesn’t let just anyone file – Missouri revised statute § 537.080 Sets out who may bring a claim, in order of priority:
- First, the deceased person’s spouse, their children (and the surviving descendants of any children who have died), and their parents – whether those relationships are natural or adoptive.
- Second, only if there is no one in that first group, the deceased’s siblings or their descendants.
- Third, only if no one in the first two groups can bring the claim, a court may appoint a “plaintiff ad litem” to do so.
This ordering matters because it determines who has the legal right to bring the case. A good attorney will explain where your family sits and what it means for moving forward.
What Is the Statute of Limitations for Wrongful Death in Missouri?
In missouri, a wrongful death claim generally must be filed within three years pursuant to Missouri revised statute § 537.100. In most cases, that period runs from the date of death, though certain circumstances can affect the deadline – which is why it’s worth asking an attorney about your specific timeline. Either way, it’s wise not to wait. Evidence disappears, and witnesses become harder to find, so the practical window for building a strong case is often much shorter than the legal deadline. Asking this question early helps protect your family’s options.
How Are Damages Calculated – and Divided – in A Missouri Wrongful Death Case?
This is one of the most important things to understand, because missouri law is specific about what a family can and cannot recover. Under Missouri revised statute § 537.090, a missouri family can recover:
- The financial losses caused by the death, including the income and benefits the loved one would have provided.
- Funeral and burial expenses.
- The reasonable value of the companionship, comfort, guidance, counsel, and support that the family has been deprived of.
- The pain and suffering the deceased experienced between the injury and death.
There’s one distinction worth knowing about up front, because it surprises many families: missouri law specifically does Not Allow recovery for the survivor’s own grief and bereavement. The statute compensates the relationship that was lost and the suffering of the person who died, not your sorrow as such. See Missouri revised statute § 537.090 (“but damages for grief and bereavement by reason of the death shall not be recoverable.”) it’s a fine but important line, and a good attorney will explain it so you have realistic expectations rather than discovering it later.
Missouri also recognizes that a loved one’s contributions aren’t only financial. If the person who died wasn’t employed full time but provided at least half the care for a minor, a disabled person, or someone over 65, the law (Missouri revised statute § 537.090) presumes the value of that care equals 110% of the state’s average weekly wage – a built-in recognition that caregiving has real, calculable worth. It’s the kind of detail that can matter a great deal for families where the person lost was a primary caregiver rather than a primary earner.
A note on damage caps. Most Missouri wrongful death claims – those arising from car and truck crashes, defective products, or unsafe premises – have no cap on non-economic damages. A cap applies only in the narrower situation where the death resulted from medical malpractice. In those medical cases, Senate Bill 239 (2015) set tiered limits on non-economic damages that rise 1.7% each year; for a death arising from medical care, the 2026 figure is $481,493 for non-catastrophic injuries and $842,614 catastrophic injuries. If your loved one’s death did not involve medical care, this cap does not apply to your case at all – which is exactly why it’s worth asking an attorney how, or whether, any cap affects your particular situation.
What to Bring to Your Wrongful Death Consultation
You don’t need everything, and you shouldn’t delay reaching out just to assemble a perfect file. But anything you can bring helps the attorney evaluate your case faster and more accurately. Useful items include:
- Any accident or police report, and the death certificate or autopsy report, if available.
- Photos, video, or other physical evidence related to what happened.
- Names and contact information for any witnesses.
- Medical records related to the final injury.
- Receipts for funeral and burial expenses.
- Your loved one’s employment and income records (pay stubs, tax returns, benefit statements).
If you don’t have some of these, that’s fine – a capable firm will help obtain them. Bringing what you can simply gives the attorney a head start.
Schedule a Free Wrongful Death Consultation with Brown & Crouppen
You’ve already carried more than anyone should have to. You don’t have to carry the legal fight, too. The St. Louis wrongful death attorneys at Brown & Crouppen have stood with Missouri families since 1979, recovering more than $1 billion for their clients and earning recognition as the Best Law Firm in St. Louis. The firm works entirely on a contingency basis – you pay nothing unless the firm wins.
A consultation costs nothing and commits you to nothing. It’s simply a chance to be heard, to ask the questions above, and to understand your options. Call 800-536-4357 or reach out online to schedule a free, confidential consultation.
Frequently Asked Questions
You’ll share the story of what happened, and the attorney will listen, ask questions, and help you understand whether you may have a valid claim. They’ll explain your legal options, the likely process, and how fees work – with no obligation to move forward. You don’t need to bring every document or have all the answers; part of the attorney’s role is to help you figure out what’s missing.
Missouri generally gives families three years to file a wrongful death claim, and in most cases that period runs from the date of death. See Missouri Revised Statute § 537.100. Certain circumstances can affect the deadline, so it’s best to confirm your specific timeline with an attorney as soon as possible. Acting early also helps preserve evidence before it’s lost.
Missouri law (Missouri Revised Statute § 537.080) sets out who may file, in order of priority. First in line are the deceased’s spouse, children (or the descendants of deceased children), and parents. If no one in that group can file, the right passes to the deceased’s siblings or their descendants. If no one in either group can file, a court may appoint a plaintiff ad litem to bring the claim.
COLTON M. NEWLIN
Attorney at Law | Brown & Crouppen, P.C.
Main: 314-222-2222
Direct: 314-561-6217
4900 Daggett Ave., St. Louis, MO 63110
