Losing a loved one because of someone else’s negligence is emotionally devastating—and for many families in Missouri, it can also be legally overwhelming. While no amount of compensation can truly replace the loss, Missouri law does give surviving family members the right to pursue a wrongful death lawsuit.
But filing a wrongful death claim is not a simple task. These lawsuits are complex, emotionally charged, and governed by strict procedural rules. Without a qualified attorney, surviving family members may struggle to meet legal deadlines, properly value the claim, or stand up to powerful insurance companies.
If you are considering filing a wrongful death lawsuit in Missouri, here is why having a skilled attorney by your side is not only recommended—it’s essential.
Missouri Wrongful Death Law Is Complicated
Wrongful death cases in Missouri are governed by Missouri Revised Statutes § 537.080 through § 537.095, which outline:
-
Who can file the claim
-
What damages are available
-
How the proceeds are distributed among family members
Even understanding who is legally allowed to file the lawsuit can be confusing. Missouri law establishes a hierarchy, giving priority to certain family members such as spouses, children, or parents. If none exist, siblings or even court-appointed plaintiffs may have standing. An experienced attorney will know how to determine eligibility quickly and correctly—ensuring that your claim is filed by the appropriate party.
You Only Have a Limited Time to File
Missouri law imposes a strict three-year statute of limitations on wrongful death lawsuits. If you miss this window—even by a single day—you could lose your right to bring a claim entirely.
While grieving, most families are not focused on legal timelines. That’s where an attorney steps in. A wrongful death lawyer ensures that all filings, notices, and documents are handled promptly and in compliance with Missouri deadlines.
This kind of proactive legal management prevents your claim from being dismissed on technical grounds.
Valuing the Claim Requires Skill and Experience
A wrongful death claim isn’t just about funeral costs and medical bills. It also includes:
-
Loss of income and future financial support
-
Loss of companionship, guidance, and care
-
Emotional pain suffered by surviving family members
-
The value of services the deceased would have provided
-
Punitive damages in extreme cases involving recklessness
Determining the full value of these losses—especially the emotional and long-term financial impacts—requires detailed calculations and often expert testimony. An experienced attorney will know how to bring in economists, vocational experts, and other professionals to ensure your case reflects the full weight of the loss.
Without legal help, families may settle for far less than what their claim is actually worth.
Proving Fault Isn’t Always Straightforward
Whether the death resulted from a car accident, workplace incident, medical malpractice, or dangerous property conditions, establishing legal fault is the cornerstone of your case. But proving negligence in Missouri often requires:
-
Thorough investigations
-
Reviewing police or incident reports
-
Gathering eyewitness statements
-
Preserving surveillance or dash cam footage
-
Hiring accident reconstruction experts or medical experts
Insurance companies and defense attorneys often try to shift blame or argue that the deceased contributed to their own death. A wrongful death attorney knows how to anticipate and counter these arguments, ensuring the responsible party is held accountable.
Dealing with Insurance Companies Without an Attorney Is Risky
Insurance companies are focused on protecting their bottom line—not on compensating your family fairly. Their adjusters are trained to minimize payouts and may offer quick settlements that are far below the actual value of your claim.
They may also ask for recorded statements or press you to sign documents that limit your legal rights.
With a wrongful death attorney representing you, these conversations go through your lawyer. Your attorney knows how to handle insurance company tactics, push for meaningful compensation, and take the case to court if the insurer refuses to negotiate in good faith.
An Attorney Manages the Legal Burden So You Can Focus on Healing
The aftermath of a sudden death is emotionally exhausting. Families are dealing with funeral arrangements, grief, and the practical challenges of moving forward without a loved one. Adding legal paperwork, court procedures, and negotiations only makes things harder.
Hiring a wrongful death attorney allows you to shift the legal burden to someone who understands how to handle it. From filing motions to managing deadlines, communicating with insurance companies, and preparing for trial if necessary—your lawyer handles the legal aspects so you can focus on healing.
Legal Representation Increases Your Chances of a Successful Outcome
Studies show that families represented by legal counsel in wrongful death cases are more likely to recover higher settlements or jury awards compared to those who represent themselves.
An attorney’s ability to:
-
Build a compelling case
-
Anticipate defense strategies
-
Handle expert witnesses
-
Negotiate effectively
—directly improves your chance of receiving meaningful compensation and justice.
You have one opportunity to get this right. The outcome of your case may shape your family’s financial future for years to come.
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.
