Losing someone you love because of another person's carelessness is one of the hardest things a family can go through. When a loved one's death results from someone else's negligence, such as a fatal collision, dangerous property condition, or medical error, Missouri law may allow eligible family members to pursue a wrongful death claim against the responsible party and seek damages allowed by law. At Naji Injury Law, our attorneys handle wrongful death cases across Missouri, and we're here to guide your family through this process without charging anything upfront. Call us today at (314) 931-5016 for a free consultation.
Missouri wrongful death claims are time-sensitive, and the legal process moves faster than many grieving families expect. The sooner you understand your rights, the better position your family is in to recover the compensation you deserve.
What Missouri Wrongful Death Law Actually Says
Missouri's wrongful death statute, RSMo § 537.080, gives certain surviving family members the right to file a wrongful death lawsuit when a person dies due to another party's act, conduct, occurrence, transaction, or circumstance—essentially, when someone else's negligence or wrongdoing caused the death.
Under Missouri law, a wrongful death claim is a civil legal action, separate from any criminal case, that allows the family to recover financial compensation from the at-fault party. The standard of proof is preponderance of the evidence, meaning the family must show it is more likely than not that the defendant's negligence caused the victim's death. This is a lower bar than the "beyond a reasonable doubt" standard used in criminal court, which means a wrongful death lawsuit can succeed even when criminal charges are not filed.
Missouri law sets a three-year statute of limitations on wrongful death actions, generally running from the date of the deceased person's death. Missing the applicable deadline can bar a wrongful death action, which is another reason to consult an attorney as soon as possible.
Who Can File a Wrongful Death Claim in Missouri
Missouri law establishes a specific order of priority for who may bring a wrongful death lawsuit. The first class includes the surviving spouse, children, surviving lineal descendants of deceased children, and parents. If no one in that class is entitled to bring the action, the statute provides for the deceased person's siblings or their descendants, and, if no one in either class is entitled to bring the action, a plaintiff ad litem may be appointed by the court.
The statute divides eligible family members into groups:
- Surviving spouse, children, certain descendants, and parents: The first-priority group includes the surviving spouse, children, surviving lineal descendants of deceased children, and parents of the deceased. These family members have priority to bring the wrongful death action under Missouri law.
- Surviving parents: Parents are included in the first class of persons entitled to bring a Missouri wrongful death action. Their right to bring the action is subject to the priority rules in RSMo § 537.080.
- Surviving siblings and their descendants: If no person in the first class is entitled to bring the action, the deceased's brothers or sisters, or their descendants, may bring the wrongful death action if they can establish their right to damages under Missouri law.
- Plaintiff ad litem: If no person in the first or second class is entitled to bring the action, a Missouri court may appoint a plaintiff ad litem to pursue the wrongful death action on behalf of those entitled to share in the proceeds.
Only one wrongful death action may be brought against any one defendant for the death of one person. Missouri law provides for distribution of a recovery among persons entitled to share in the proceeds, with the court apportioning damages among those persons according to their losses. Settlement and distribution procedures can vary depending on the circumstances of the case.
Common Causes of Wrongful Death Cases in Missouri
Wrongful death cases arise whenever someone's death is caused by another party's negligent, reckless, or intentional conduct, from motor vehicle collisions and truck crashes to medical malpractice and dangerous property conditions.
The most common wrongful death cases our law firm handles include:
- Car and truck collisions: Fatal motor vehicle accidents caused by distracted, impaired, or reckless drivers are among the most frequent wrongful death cases in Missouri. Commercial trucking collisions often involve multiple liable parties, including the driver's employer and insurance companies.
- Medical malpractice: When a doctor, hospital, or other healthcare provider fails to meet the accepted standard of care and a patient dies as a result, surviving family members may bring a medical malpractice wrongful death claim.
- Premises liability: Deaths caused by dangerous property conditions, a fatal fall, a drowning, or inadequate security that leads to violence can give rise to wrongful death actions against property owners or managers.
- Motorcycle and bicycle fatalities: Riders are especially vulnerable in collisions. When another driver's negligence causes a fatal accident, the rider's family has the right to pursue a wrongful death lawsuit.
- Pedestrian fatalities: Pedestrians struck and killed by negligent drivers represent a significant category of wrongful death cases in Missouri.
The legal theory depends on the circumstances of the death. Many wrongful death cases are based on negligence, but Missouri's wrongful death statute can also apply when other conduct or circumstances would have given the deceased a right to recover damages had death not occurred.
What Damages Can a Missouri Wrongful Death Claim Recover?
Missouri wrongful death law allows recovery for pecuniary losses, funeral expenses, and the reasonable value of services, consortium, companionship, comfort, instruction, guidance, counsel, training, and support lost because of the death. Damages the deceased person could have recovered for injuries suffered between the time of injury and death may also be recoverable.
Missouri's wrongful death statute is broader than many people expect. Recoverable damages typically include:
- Lost income and financial support: The wages, salary, and other financial contributions the deceased person would have provided to the family over their expected lifetime.
- Medical and other expenses related to the injury before death: Damages the deceased person could have recovered for injuries suffered between the time of injury and death may be recoverable as part of the wrongful death action.
- Funeral expenses: Reasonable funeral expenses are among the damages that may be recovered in a Missouri wrongful death action.
- Loss of services, consortium, companionship, comfort, instruction, guidance, counsel, training, and support: Missouri law allows the trier of fact to consider the reasonable value of these benefits that eligible persons have been deprived of because of the death.
- Losses resulting from the death: Missouri law permits recovery for the categories of losses specifically identified in RSMo § 537.090, including pecuniary losses, funeral expenses, and the value of services, companionship, comfort, instruction, guidance, counsel, training, and support lost because of the death.
- Punitive damages: When the legal requirements for punitive damages are met, a jury may award punitive damages in addition to compensatory damages. Missouri law imposes statutory limitations on punitive damages in many civil cases, subject to exceptions.
Damages are evaluated based on the losses and circumstances recognized under Missouri wrongful death law, including financial losses, funeral expenses, and the value of services, companionship, support, and other benefits lost because of the death.
How the Wrongful Death Legal Process Works
A Missouri wrongful death lawsuit moves through investigation, filing, discovery, settlement negotiations, and, if needed, trial, with insurance companies typically playing a central role in resolving wrongful death claims short of a verdict.
Here's how a wrongful death case typically unfolds:
1. Investigation and preserving evidence: Gathering crash reports, medical records, witness statements, expert opinions, and other evidence while it is still available. Preserving evidence early is critical; surveillance footage gets overwritten, physical evidence disappears, and memories fade.
2. Identifying liable parties: Wrongful death cases often involve more than one responsible party. In a truck collision, that might include the driver, the trucking company, and a cargo loader. In a medical malpractice case, a hospital system and multiple providers may share responsibility.
3. Filing the wrongful death lawsuit: The complaint is filed in the appropriate Missouri court, formally commencing the lawsuit against the named defendants.
4. Discovery: Both sides exchange documents, take depositions, and retain expert witnesses. This phase often determines how strong each side's position is going into settlement negotiations.
5. Settlement negotiations: Many wrongful death cases resolve before trial. Early settlement offers may not reflect the full range of damages that could potentially be recoverable. A well-developed evidentiary record can help establish liability and the losses resulting from the death during settlement negotiations.
6. Trial: If a fair settlement cannot be reached, the case goes to a jury. Missouri juries decide both liability and damages. Our attorneys are prepared to take wrongful death cases to trial when that's what it takes to seek justice for the family.
What Insurance Companies Don't Want You to Know
Insurance companies in wrongful death cases work to minimize payouts, often contacting grieving families quickly with settlement offers before those families have legal representation or understand the full value of their wrongful death claim.
After a loved one's death, an insurance adjuster may reach out to express condolences and offer a settlement that seems substantial in a moment of shock and grief. An early settlement offer may not reflect the full amount of damages that may be recoverable under Missouri law, particularly before the family's losses and the circumstances of the death have been fully evaluated.
Insurance companies have experienced claims teams and legal counsel working to protect their bottom line. Surviving family members deserve the same level of representation on their side.
Working with Naji Injury Law on a Wrongful Death Case
We handle Missouri wrongful death cases on a contingency-fee basis, with no upfront legal fees, and you owe us nothing unless we recover compensation for your family. That means your family can pursue legal action without adding financial burden to an already devastating situation.
From the free initial consultation through investigation, wrongful death litigation, and resolution, our legal team works directly with your family to understand what happened, who was responsible, and what your case is genuinely worth. We're straightforward with clients: we explain the legal process clearly, we tell you what we think the realistic range of outcomes is, and we fight hard for a result that actually reflects your family's loss.
Call Naji Injury Law at (314) 931-5016 or reach us through our website to schedule your free consultation.
Talk to a Missouri Wrongful Death Attorney, No Fees Unless We Win
When someone's negligence or wrongdoing takes a person's life, that family deserves real answers and real representation, not a settlement offer designed to minimize what they receive. Naji Injury Law represents surviving family members in wrongful death cases across Missouri, handling every stage of the process from investigation through trial.
There are no upfront legal fees, and we don't get paid unless your family recovers compensation. Call us at (314) 931-5016 or contact us online to schedule your free consultation with our Missouri wrongful death attorneys today.
