When a person dies because of someone else’s careless, reckless, or intentional conduct, Missouri law allows certain surviving family members to file a wrongful death action. These civil lawsuits hold the responsible party financially accountable for the loss, helping the surviving family recover damages such as funeral costs, medical expenses, and lost companionship.
As a wrongful death attorney in Missouri with decades of experience, I’ve worked with grieving families during some of the most difficult times in their lives. This article explains the basics of wrongful death claims in Missouri, including who can file, what damages may be recovered, and why timing is critical.
Definition of Wrongful Death Under Missouri Law
Missouri Revised Statutes § 537.080 defines a wrongful death as one that results from “any act, conduct, occurrence, transaction, or circumstance” that would have entitled the deceased to bring a personal injury claim if they had survived. In essence, if the victim could have filed a personal injury lawsuit had they lived, then surviving family members may have the right to pursue a wrongful death action.
Common causes of wrongful death lawsuits in Missouri include:
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Car and truck accidents caused by negligent drivers
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Dangerous property conditions (premises liability)
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Medical malpractice or hospital negligence
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Defective products or drugs
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Work-related incidents
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Intentional acts of violence or criminal conduct
Who Can File a Wrongful Death Lawsuit in Missouri?
Missouri law sets out a clear order of priority for who may bring a wrongful death lawsuit. The first class of people eligible to file includes:
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The surviving spouse
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Children (including adopted children)
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Natural or adoptive parents of the deceased
If none of these individuals are alive or available, the claim may be brought by the decedent’s siblings or their descendants. If no such relatives exist, the court can appoint a “plaintiff ad litem” to bring the case on behalf of the estate.
Types of Compensation in a Missouri Wrongful Death Case
Damages in a wrongful death claim are intended to compensate surviving family members for both economic and non-economic losses. These may include:
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Medical expenses related to the injury that caused death
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Funeral and burial costs
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Loss of financial support the deceased would have contributed
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Loss of services, guidance, and companionship
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Pain and suffering of the deceased prior to death, if applicable
In some cases, Missouri courts may award punitive damages if the defendant’s conduct was especially egregious or malicious.
Time Limits for Filing a Wrongful Death Lawsuit
Missouri imposes a strict time limit, or statute of limitations, for filing a wrongful death claim. Under Missouri Revised Statutes § 537.100, the action must be filed within three years from the date of death. Failing to meet this deadline will likely result in the case being dismissed, no matter how strong the evidence.
This makes it essential to speak with an attorney as soon as possible. Building a strong case often involves collecting medical records, police reports, witness statements, and financial data—all of which can take time.
Wrongful Death Cases Are Civil, Not Criminal
It’s important to understand that a wrongful death claim is separate from any criminal prosecution. Even if the person responsible is not charged—or is acquitted—family members may still file a civil wrongful death lawsuit. The burden of proof in a civil case is lower than in a criminal trial, requiring only a “preponderance of the evidence” rather than “beyond a reasonable doubt.”
Proving Fault in a Wrongful Death Claim
To succeed in a wrongful death case in Missouri, the plaintiff must prove:
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The defendant owed the deceased a legal duty of care;
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The defendant breached that duty through negligence, recklessness, or intentional conduct;
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The breach directly caused the death; and
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The surviving family members suffered actual damages as a result.
This often involves testimony from medical experts, accident reconstructionists, or economists—depending on the circumstances of the case.
Why Legal Representation Matters in Wrongful Death Claims
Wrongful death claims are emotionally difficult and legally complex. Insurance companies may try to offer a low settlement or deny liability altogether. They often rely on delay tactics or legal loopholes to limit payouts. Working with a seasoned wrongful death attorney ensures that the claim is properly investigated, thoroughly documented, and vigorously pursued in court if needed.
From proving liability to calculating damages, an experienced attorney helps grieving families focus on healing while the legal process is handled with care and diligence.
Call 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.
