Losing a loved one due to someone else’s negligence is one of the most painful experiences a family can endure. When a preventable accident results in death—whether from a car crash, medical malpractice, workplace incident, or defective product—the emotional toll is devastating. On top of that, surviving family members often face overwhelming financial and legal burdens. In Missouri, the law provides a pathway for families to pursue justice through a wrongful death lawsuit—but pursuing that claim without legal representation can jeopardize your ability to recover what you deserve.
The wrongful death process in Missouri is complex, and insurance companies will do everything possible to minimize or deny liability. That’s why having an experienced wrongful death attorney is not just beneficial—it’s critical.
Understanding Missouri’s Wrongful Death Law
Under Missouri Revised Statutes § 537.080, a wrongful death occurs when a person dies due to the “wrongful act, neglect or default” of another party. These cases essentially stand in for the personal injury claim the deceased would have filed if they had survived. However, only certain individuals are allowed to file a wrongful death lawsuit, and specific procedures must be followed to initiate and prove the claim.
Missouri law prioritizes who may file suit. The decedent’s spouse, children, or parents are first in line. If none of these relatives are available, siblings or a court-appointed plaintiff ad litem may be eligible to file.
The statute also sets strict deadlines: generally, a wrongful death lawsuit must be filed within three years of the date of death. Miss that deadline, and your claim may be permanently barred—regardless of how strong the evidence is.
Why Wrongful Death Claims Are So Legally Complex
Wrongful death lawsuits often involve extensive evidence collection, expert witnesses, and multiple parties, including large insurance companies or corporate defendants. Proving fault isn’t always straightforward. Even in seemingly clear-cut cases—like fatal car accidents caused by drunk drivers—the defense may argue contributory negligence or dispute the cause of death.
Without experienced legal counsel, you may struggle to:
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Identify all liable parties
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Properly value economic and non-economic damages
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Collect evidence admissible in court
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Understand which family members can recover and how to distribute any settlement or verdict
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Respond to aggressive defense tactics and legal maneuvers from well-funded insurers
These are not procedural hurdles that should be taken lightly. Insurance companies employ teams of lawyers whose goal is to protect their bottom line—not your family’s future.
The Types of Damages You Can Seek in a Missouri Wrongful Death Case
A wrongful death claim in Missouri allows surviving family members to pursue various categories of damages, including:
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Medical expenses incurred before the death
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Funeral and burial costs
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Loss of income the deceased would have earned
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Loss of companionship, guidance, and support
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Pain and suffering the deceased experienced before death
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Value of services the deceased provided, such as childcare or home care
Calculating these losses requires skill. An experienced attorney works with economists, vocational experts, and medical professionals to present compelling and accurate valuations that courts and juries understand.
The Emotional Burden of Going It Alone
Grieving families are often in no position to take on a legal battle. The process of filing court documents, attending hearings, collecting medical records, and negotiating with insurance companies is exhausting and emotionally draining. When you are dealing with funeral arrangements, estate matters, and the personal trauma of your loved one’s death, legal deadlines can be missed and mistakes made.
A compassionate and experienced wrongful death attorney can take over the heavy lifting so your family can focus on healing. From the initial investigation through trial, your legal team will ensure no detail is overlooked.
Wrongful Death Trials and Settlement Negotiations
Most wrongful death claims are resolved through negotiated settlements. However, successful settlement negotiations depend heavily on one thing: whether the other side knows you’re prepared to go to trial. Insurance carriers are much more likely to offer a fair settlement when they know you are represented by a lawyer with a reputation for winning at trial.
If a fair settlement cannot be reached, your attorney will take the case to trial, presenting your family’s story before a jury and seeking the maximum damages allowed under Missouri law. Without representation, this is virtually impossible.
Common Defenses in Wrongful Death Lawsuits
Even when liability seems obvious, defendants often employ tactics to minimize or deny responsibility. They may argue that:
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The deceased was partially at fault
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The cause of death was unrelated to their actions
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The damages claimed are excessive or speculative
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Another party—not the defendant—was responsible
Experienced wrongful death attorneys anticipate these defenses and build counterarguments backed by solid evidence and expert testimony.
When the Defendant Is a Government Entity
Wrongful death lawsuits involving public agencies (such as a city, school district, or state-run facility) are even more complicated. Missouri law provides limited immunity to government entities, and you must follow a specific claims process before you can even file a lawsuit.
Miss one of these procedural requirements, and you could lose your right to sue. Skilled legal counsel is essential in cases involving government negligence, such as fatal police actions, dangerous road conditions, or deaths in state custody.
You Only Get One Chance to File
Missouri’s statute of limitations gives families only one opportunity to bring a wrongful death claim. There are no second chances. If you attempt to go it alone and your case is dismissed for procedural errors or lack of evidence, you cannot refile—even if your claim was valid.
Hiring a knowledgeable wrongful death attorney significantly increases your chances of success. Your attorney will ensure the claim is filed on time, with the right parties, and supported by the strongest possible evidence.
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.
