Brill & Wagoner have represented the families of wrongful death victims for over 40 years.  We have done so in both state and federal courts throughout Missouri, and in some cases out of state.  We have tried wrongful death cases to juries and judges, and are also experienced in settling these cases.

          A civil trial lawyer is best qualified to represent the victims of a wrongful death.  Kenneth Wagoner of our firm is Board Certified in Civil Trial Practice by the National Board of Trial Advocacy.  He is AV rated, the highest rating attainable, by Martindale-Hubbell, the nation's largest and most respected legal rating and reference organization. 

Wagoner has also been recognized by the Missouri Bar as an outstanding trial lawyer.  The Missouri Bar Foundation awarded him the Lon Hocker Trial Lawyer Award in recognition of "outstanding professional competence, industry and integrity."

          WHAT IS WRONGFUL DEATH?

          Stated simply, "wrongful death" means a death which has occurred due to the fault of another.  Although intentional wrongdoing, such as assault and battery, gives rise to a wrongful death claim when death results, most cases of wrongful death involve accidents.  If a person is killed by the negligence of another, for example by a negligent motorist, then a wrongful death claim arises. All types of negligent acts may cause a death and give rise to a wrongful death claim.  Other examples include deaths caused by blasting accidents, fires, electrical accidents, airplane crashes and boating accidents.   

          WHO CAN SUE OR MAKE A CLAIM?

          In Missouri, the right to sue or make claim for wrongful death goes first to the surviving parents, spouse and children.  These persons share in any settlement or court award. If there are no surviving parents, spouse or children, then the right to pursue the claim passes to other relatives.

          In Arkansas and many other states, the right to sue or make claim for wrongful death belongs to the personal representative (executor) of the deceased person's estate.  Often an estate will be opened for the deceased in order to pursue the claim.

          WHAT DAMAGES ARE RECOVERABLE?

          In Missouri, the damages which can be recovered include such amount as the jury deems fair and reasonable.  Factors the jury is to consider include the loss of earnings and support, and also the loss of the companionship, guidance, counsel and training the deceased person would have provided. Funeral costs and medical and hospital bills the deceased incurred on account of the fatal injury may also be recovered.

          If you have lost a family member due to the negligence or fault of another, you need the advice and counsel of a lawyer experienced in handling wrongful death claims.  Feel free to contact our firm for a free consultation, in complete confidence and without obligation. 

Our toll free telephone number is 800-766-9709.  Our local phone number is 417-256-6174.   

• Auto Accidents
• Insurance Claims
• Social Security Disability
• Trucking Accidents
• Uninsured Motorists
• Worker's Compensation
• Business, Commerical and Probate Claims
• Wrongful Death
• Veterans Claims

Bookmark this page