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(816) 364-1650
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(816) 364-1650
Losing a loved one because of someone else’s careless or reckless conduct is one of the most painful experiences a family can endure. During this time of shock and grief, questions about accountability, financial stability, and legal options often arise.
Working with a St. Joseph Wrongful Death Lawyer can help your family understand what steps may be available under Missouri law while protecting your right to pursue justice. At the end of this process, families want clarity, dignity, and a path forward, and that is what we strive to provide at Montee Law Firm.
A wrongful death claim is about more than financial recovery. It is about acknowledging that a preventable loss occurred and holding the responsible party accountable. Families are often left with overwhelming medical bills, funeral costs, and the sudden loss of income and companionship. Missouri law recognizes that these losses are real and deserving of compensation.
In St. Joseph, fatal accidents occur in many different circumstances, from serious vehicle crashes to dangerous property conditions. According to the Missouri State Highway Patrol’s Traffic Crash Statistics Report, fatal collisions continue to impact communities across the state, including Buchanan County. Behind every statistic is a family facing unimaginable loss.
Seeking justice is not about revenge. It is about financial security, accountability, and preventing similar harm from happening to others in our community. For many families, a civil claim also provides a formal process for uncovering what truly happened. Through investigation and discovery, unanswered questions can be addressed, internal policies may be reviewed, and responsible parties can be required to explain their actions under oath. That level of transparency often brings a measure of closure during an otherwise uncertain time.
Families turn to our office during some of the most difficult moments of their lives. Since 1996, our firm has represented thousands of injured individuals and grieving families throughout northwest Missouri. We have recovered more than $ 300 million in settlements and verdicts, and we handle cases on a contingency-fee basis, meaning there is no fee unless we recover compensation.
Clients often tell us that communication matters just as much as results. We make it a priority to keep families informed, answer questions promptly, and treat every case with care and respect. A wrongful death case is deeply personal, and it deserves focused attention.
When you work with a St. Joseph Wrongful Death Lawyer from our firm, you gain an advocate who understands both the legal complexities and the emotional weight involved.
Under Missouri law, a wrongful death occurs when a person dies as a result of another party’s negligence, recklessness, or intentional misconduct. The legal foundation for these claims is found in the Missouri Revised Statutes.
According to the Missouri Revised Statutes § 537.080, certain surviving family members may bring a civil action when a death results from conduct that would have entitled the injured person to file a personal injury claim had they survived.
In practical terms, this means that if your loved one could have pursued a lawsuit for injuries caused by negligence, the surviving family may be able to pursue a wrongful death claim instead. These cases commonly involve:
Each case requires careful investigation to establish fault, causation, and damages.
Our successful case results are a true reflection of the values and virtues we believe in and uphold at the Montee Law Firm.
James Montee
Wrongful death cases arise from many types of preventable events. In St. Joseph and the surrounding communities, some of the most frequent causes include the following:
These incidents often require a detailed investigation to determine liability and contributing factors.
Every situation requires a detailed review of the evidence to determine who should be held responsible. This may involve examining accident reconstruction reports, reviewing employment or corporate safety records, consulting medical professionals, and analyzing digital data such as phone logs or vehicle event recorders. A thorough investigation not only identifies fault but also strengthens the foundation of a wrongful death claim.
Missouri law clearly defines who has the right to bring a wrongful death action. The statute prioritizes certain family members.
Under the Missouri Revised Statutes § 537.080, Missouri law establishes a clear order of priority. The following individuals may file a claim:
Determining eligibility can be legally complex, particularly in blended family situations. Careful analysis of family relationships and statutory language is essential before filing.
founding attorney
“Our successful case results are a true reflection of the values and virtues we believe in and uphold at the Montee Law Firm.”
James Montee
A wrongful death lawsuit seeks compensation for both economic and non-economic losses. Missouri law outlines the types of damages that may be awarded.
The governing statute, officially titled the Missouri Revised Statutes § 537.090, allows recovery for losses including funeral expenses, the value of lost wages and benefits, medical expenses related to the final injury, and the reasonable value of companionship, comfort, instruction, and support.
In addition to financial losses, courts may consider the emotional impact on surviving family members. The loss of guidance, care, and companionship often represents the most profound harm.
Every case is unique. The value of a claim depends on factors such as the deceased’s age, earning capacity, health history, and the circumstances of the incident. Courts may also consider the individual’s projected lifetime earnings, retirement benefits, and the extent of financial reliance by surviving family members. A careful economic analysis is often necessary to accurately calculate long-term losses. A thorough evaluation by a St. Joseph Wrongful Death Lawyer can help determine what compensation may be appropriate and ensure that no category of recoverable damages is overlooked.
Time limits play a critical role in wrongful death litigation. Missing the filing deadline can permanently bar recovery.
According to the Missouri Revised Statutes § 537.100, a wrongful death lawsuit must generally be filed within three years from the date of death.
Although three years may seem like ample time, investigations, expert consultations, and evidence preservation require early action. Delays can make it more difficult to gather witness statements, secure documentation, and reconstruct the circumstances of the fatal event. In certain situations, additional notice requirements or shorter deadlines may apply, particularly when government entities are involved. Prompt legal guidance helps ensure compliance with all procedural rules.
The days and weeks following a fatal accident are overwhelming. Legal issues may not feel like the immediate priority, yet certain steps can protect your family’s rights.
Several practical steps can help preserve your family’s legal rights:
Decisions made early can affect the long-term outcome of a case, which is why taking measured and informed action is so important. Protecting your family’s interests during a vulnerable time often depends on preserving even small details, such as written timelines or witness contact information, because those records can later become critical evidence in establishing liability and damages.
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Wrongful death cases often involve insurance carriers, corporate defendants, and defense attorneys working to limit liability. Building a strong case requires investigation, legal analysis, and strategic negotiation.
A St. Joseph Wrongful Death Lawyer can conduct a thorough review of the accident, consult qualified experts, calculate economic losses, and present evidence demonstrating negligence. When necessary, litigation may be pursued in court to seek a fair verdict.
We also help coordinate probate-related paperwork when needed, communicate with investigators and medical providers, and protect the family from unnecessary calls. When settlement is possible, we negotiate from a position of preparation, backed by evidence and a damages calculation.
Beyond legal advocacy, families benefit from having someone manage deadlines, filings, and communications. This allows surviving relatives to focus on healing while their case progresses.
Our role is to provide steady guidance, clear communication, and determined representation throughout the process. From the initial consultation through potential trial, families deserve honest assessments, realistic expectations, and consistent updates. We approach each matter with preparation and focus, recognizing that the outcome can significantly affect a family’s financial future and sense of justice.
Past outcomes do not guarantee future results, yet they reflect our commitment to pursuing meaningful recovery for families.
Our firm has secured significant settlements and verdicts, including:
Each case involved unique facts and legal challenges. Some required extensive expert testimony, while others involved complex negotiations with multiple defendants. These results demonstrate the importance of thorough preparation and strong advocacy when families face life-altering loss, particularly when liability is disputed or damages are substantial.
The Montee Law Firm has fought for accident victims since 1996, recovering millions for clients across Missouri and Kansas. If you’ve been hurt, our experienced attorneys are ready to stand by your side and fight for the compensation you deserve.
Contact a Personal Injury Lawyer in Missouri
Families in St. Joseph, Missouri, deserve compassionate guidance and strong legal representation after a preventable loss. Speaking directly with a St. Joseph Wrongful Death Lawyer can help you understand your options and determine the next appropriate steps.
To discuss your situation confidentially, contact Montee Law Firm at (816) 364-1650 and learn how we may assist your family during this difficult time.
James Montee, founder and managing partner of the Montee Law Firm, has dedicated his career to representing accident victims across Missouri and Kansas. Since establishing the firm in 1996, he has recovered more than $300 million in verdicts and settlements, including numerous million-dollar cases. Recognized as Missouri’s Winningest Lawyer in 2013, James brings decades of experience and a strong commitment to maximizing results for his clients.
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Missouri law generally provides a three-year deadline from the date of death. Filing after that period may result in dismissal of the claim. Early consultation with a St. Joseph Wrongful Death Lawyer helps ensure compliance with statutory requirements.
Compensation is distributed among eligible family members in accordance with Missouri law. Courts may approve settlements and allocate funds based on the degree of loss suffered by each survivor.
Siblings may file if there is no surviving spouse, child, or parent eligible to bring the claim. Eligibility depends on the statutory order of priority outlined in Missouri law.
A civil wrongful death claim is separate from any criminal prosecution. Even if criminal charges are pending or resolved, surviving family members may still pursue a civil action for damages.
The value depends on factors such as lost income, medical costs, funeral expenses, and the loss of companionship and support. Each case requires individual analysis based on evidence and applicable law.
Missouri follows a pure comparative fault system. Compensation may be reduced by the percentage of fault assigned to the deceased, but recovery is not automatically barred.
For example, even if a jury determines that the deceased was partially responsible, surviving family members may still recover a portion of the total damages award. Careful legal strategy is essential when fault is contested.
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