What Constitutes a Wrongful Death Claim in Missouri?

Losing a loved one due to someone else’s negligence or wrongdoing is devastating. Missouri law provides a legal path for surviving family members to seek justice and financial compensation through a wrongful death claim. Understanding what constitutes a wrongful death claim in Missouri is essential if you believe another party’s actions caused the untimely passing of your loved one.

What Is a Wrongful Death Claim?

Under Missouri Revised Statutes § 537.080, a wrongful death claim arises when an individual dies due to the negligence, recklessness, or intentional misconduct of another party. This legal claim allows surviving family members to pursue compensation for financial and emotional losses resulting from the death.

Common Causes of Wrongful Death in Missouri

Wrongful death claims can arise in various situations, including:

Car Accidents: Caused by reckless, impaired, or distracted drivers.
Truck Accidents: Due to negligence by a truck driver, trucking company, or manufacturer.
Medical Malpractice: Including surgical errors, misdiagnoses, and medication mistakes.
Workplace Accidents: Industrial or construction site accidents resulting in fatalities.
Defective Products: Dangerous consumer products, defective medical devices, or harmful drugs.
Nursing Home Negligence: Elder abuse or neglect leading to fatal injuries.
Criminal Acts: Homicide or other unlawful acts resulting in death.

If the victim would have had the right to file a personal injury lawsuit had they survived, their family may be eligible to pursue a wrongful death claim.

Who Can File a Wrongful Death Lawsuit in Missouri?

Missouri law prioritizes certain individuals when determining who can file a wrongful death lawsuit. The right to file follows a structured hierarchy:

Class 1: Immediate Family Members

The following individuals have the first right to file a wrongful death claim:

Spouse
Children (biological, adopted, or stepchildren with legal rights)
Parents of the deceased

If a surviving spouse, child, or parent exists, they have exclusive rights to file the lawsuit.

Class 2: Siblings and Their Descendants

If no spouse, children, or parents exist, the right to file shifts to:

Siblings of the deceased
Nieces and nephews (if the sibling is also deceased)

Class 3: Court-Appointed Plaintiff Ad Litem

If there are no eligible family members in Classes 1 or 2, the court may appoint a plaintiff ad litem to file the lawsuit on behalf of the deceased’s estate or beneficiaries.

Key Elements of a Missouri Wrongful Death Claim

To prove a wrongful death claim, the plaintiff (the person filing the lawsuit) must establish the following legal elements:

1. Duty of Care

The defendant (the at-fault party) must have owed the deceased a duty of care. For example:

A driver has a duty to operate their vehicle safely.
A doctor has a duty to provide proper medical treatment.
A business has a duty to maintain safe premises.

2. Breach of Duty

The plaintiff must show that the defendant failed to uphold their legal duty of care. This could include:

A driver running a red light.
A doctor misdiagnosing a life-threatening condition.
A company selling a defective product.

3. Causation

The breach of duty must have directly caused the victim’s death. In other words, the death would not have occurred if not for the defendant’s actions or negligence.

4. Damages

The wrongful death must have resulted in measurable damages, such as:

Medical bills related to the fatal injury.
Funeral and burial costs.
Loss of income and benefits.
Pain and suffering experienced by surviving family members.

Without evidence of damages, there may be no legal basis for a wrongful death lawsuit.

Damages Available in a Missouri Wrongful Death Case

Wrongful death lawsuits aim to provide financial compensation for surviving family members. In Missouri, recoverable damages can include:

Economic Damages

Funeral and burial costs.
Medical expenses related to the deceased’s final treatment.
Loss of financial support (wages, retirement benefits, etc.).
Loss of household services the deceased would have provided.

Non-Economic Damages

Loss of companionship, guidance, and support.
Emotional pain and suffering of surviving family members.
Loss of parental care for surviving children.

Punitive Damages

In extreme cases involving gross negligence or intentional harm, the court may award punitive damages to punish the defendant and deter similar actions in the future.

Time Limits: Missouri’s Statute of Limitations for Wrongful Death Claims

Missouri law imposes a strict three-year statute of limitations (Missouri Revised Statutes § 537.100) for filing a wrongful death lawsuit. This means that:

A wrongful death claim must be filed within three years from the date of death.
If the deadline is missed, the right to seek compensation is permanently lost.

It is crucial to contact a wrongful death attorney as soon as possible to ensure your claim is filed on time.

How an Attorney Can Help with a Wrongful Death Claim

Wrongful death claims are legally complex and often require extensive investigation, expert testimony, and negotiation with insurance companies. A skilled Missouri wrongful death attorney can:

Investigate the cause of death and gather necessary evidence.
Identify liable parties and prove negligence.
Calculate full compensation for economic and non-economic losses.
Handle negotiations with insurance companies.
Represent you in court if a fair settlement cannot be reached.

Having legal representation increases the likelihood of a successful claim and ensures your family receives the justice and financial support it deserves.

Choosing the Right Legal Representation

If you believe your loved one’s death was caused by negligence, recklessness, or misconduct, you may have a wrongful death claim. Taking legal action can help secure financial stability for your family and hold the responsible party accountable.

Don’t wait to take action—Missouri’s three-year statute of limitations means time is limited to seek justice.

Choosing HUBBARD & KURTZ, L.L.P. for Your Wrongful Death Claim

The attorneys at HUBBARD & KURTZ, L.L.P. are dedicated to providing compassionate support and vigorous representation for families dealing with wrongful death cases. Our firm is equipped with the knowledge and experience to handle the complexities of these claims, ensuring you receive the justice and compensation you deserve.

If you are facing the tragedy of losing a loved one due to someone else’s negligence in Kansas, reach out to HUBBARD & KURTZ, L.L.P. at (816) 472-4673 or toll-free at (877) 535-1163. We are here to support you every step of the way, providing the legal expertise needed to honor your loved one’s legacy and secure your family’s future.