Hiring a Wrongful Death Lawyer in Missouri
Who can bring a wrongful death claim in Missouri, the deadline, limits on damages, how lawyers usually charge (contingency fees), how to check a lawyer's license, and free help. We do not recommend or rank lawyers.
What a lawyer costs in Missouri: fee rules
| If you disagree with a lawyer's bill | The Office of Chief Disciplinary Counsel refers fee complaints to the Fee Dispute Resolution Committees operated by The Missouri Bar. |
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| If a lawyer takes your money | The Missouri Bar's Client Security Fund, created in 1966 and maintained by Bar members' annual fees, can compensate clients harmed by a lawyer who has been disbarred, suspended, ruled mentally incapacitated, or has died. Fee disputes and malpractice are not covered. File within two years of discovering the loss using the Client Security Fund Claim Form on MissouriLawyersHelp.org (or request a printed copy from the fund coordinator). A committee recommends full or partial payment or denial, the Board of Governors has final discretion, and the committee aims to decide claims within a year. |
Missouri rules to know first
| Who can sue | In order of priority: (1) the spouse, children, descendants of deceased children, or parents; (2) if none of those, the brothers or sisters (or their descendants) who can show a right to damages; (3) if none, a plaintiff ad litem appointed by the court at the request of someone entitled to share in the recovery. Only one wrongful death action may be brought against any one defendant for a death. Source: Mo. Rev. Stat. § 537.080 |
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| Deadline to file | Three years after the cause of action accrues. Time when a defendant is absent from the state does not count, and a plaintiff whose timely case ends in a nonsuit may refile within one year. Source: Mo. Rev. Stat. § 537.100 |
| Damage caps | No general cap on damages in ordinary injury cases was found. Caps apply to noneconomic damages in medical malpractice cases, to punitive damages (the greater of $500,000 or five times the net judgment), and to claims against the state and local governments. |
Find and check a lawyer
| Lawyer referral service | The Missouri Bar offers LawyerSearch, a directory of lawyers who have chosen to be listed, searchable by area of practice or Missouri county, with optional language-assistance filters; it is not described as a referral service, and "Inclusion on this list does not constitute an endorsement by The Missouri Bar of particular attorneys." In the St. Louis area, the Bar Association of Metropolitan St. Louis sponsors a Lawyer Referral and Information Service (bamsl.org). Missouri Bar phone: (573) 635-4128. BAMSL LRIS described at https://www.moept.uscourts.gov/lawyer-referral-and-information-service |
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| Check discipline history or file a complaint | Complaints about Missouri lawyers go to the Office of Chief Disciplinary Counsel (OCDC) in writing, using the online form, a printed or fillable PDF form, or a letter, one complaint per attorney (OCDC cannot investigate law firms). Mail: OCDC, 3327 American Ave, Jefferson City, MO 65109; phone 573-635-7400. Include the lawyer's name and address, the legal matter, any court and case caption, a detailed statement of facts, and documents such as fee agreements and proof of payment. There is no cost. Staff Counsel reviews complaints in order and tries to respond in writing within about four weeks; if a file is opened, the lawyer is usually notified and may respond, and you may reply. OCDC cannot give legal advice or recover money for you. A list of public discipline imposed since January 1, 2006 is posted by the Missouri courts. Public discipline list: https://www.courts.mo.gov/page.jsp?id=109856 ; disciplinary certificates: https://mochiefcounsel.org/obtaining-disciplinary-certificates/ |
Free legal help
| Free legal aid | Missouri's LSC-funded legal aid organizations give free civil legal help to eligible low-income people by region: Legal Aid of Western Missouri, Legal Services of Eastern Missouri, Legal Services of Southern Missouri and Mid-Missouri Legal Services Corporation. |
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.