Missouri Wrongful Death Lawyer

Who has the right to bring a Missouri wrongful death claim?

Missouri sets a ranked order of family members. The first group includes the spouse, children and parents. If none of them survive, siblings or their descendants may bring the claim. If no one in either group survives, the court may appoint a plaintiff ad litem.

Within the first group, any member can bring the claim, but the case is brought for the benefit of all eligible members. Missouri generally allows only one wrongful death action for a death, so family members must coordinate. Our team helps families organize the claim and makes sure everyone with a right to share is identified and notified.

Families sometimes disagree about who should lead the case or how it should be handled, especially after a divorce or in blended families. Missouri's process allows every eligible member to take part, and the court ultimately decides how the recovery is divided. Addressing those questions early keeps the case moving and prevents a dispute from delaying the claim against the people responsible.

What damages can a Missouri family recover?

Missouri allows a wide range of damages for both financial and personal losses.

• Medical and funeral expenses.
• The person's pain and suffering between the injury and death.
• Lost financial support and services the person would have provided.
• Lost consortium, companionship, comfort, instruction, guidance, counsel and training.
• Damages for aggravating circumstances in some cases involving reckless or outrageous conduct.

If the death resulted from medical malpractice, Missouri's caps on noneconomic damages apply, with a higher cap for deaths. In other cases, such as fatal crashes, the noneconomic damages are not capped in the same way.

How long does a Missouri family have to file?

Generally 3 years from the date of death. That is shorter than the 5 years allowed for most Missouri injury claims.

Deaths caused by medical malpractice also require a health care affidavit soon after filing, explained on our Missouri medical malpractice page. Deaths involving public entities may involve sovereign immunity rules, limited recovery and notice requirements. Because the family must coordinate and evidence fades quickly, starting early is important.

Does the person's own fault reduce the claim?

Yes, but it does not eliminate it. Missouri's pure comparative fault rule reduces the family's recovery by the person's share of fault.

Here is a worked example. A woman is killed when a delivery truck runs a stop sign on a rural highway, but evidence shows she was driving slightly over the speed limit. A jury values the family's damages at $1,500,000 and finds her 20 percent at fault. The family recovers $1,200,000. Even at 60 percent fault, the family would still recover $600,000. If more than one defendant is involved, Missouri's rules on shared responsibility also affect how much each must pay.

How is the civil case different from a criminal case?

A criminal prosecution punishes the wrongdoer, while a wrongful death lawsuit compensates the family. They proceed separately and use different standards of proof.

A family can win the civil case even if no criminal charges are filed or the criminal case ends without a conviction. A conviction or guilty plea can be strong evidence. Criminal restitution covers limited costs, while the civil claim can reach insurance coverage and businesses that share responsibility. We do not wait for the criminal case to end before protecting the civil deadline.

How is a Missouri wrongful death settlement approved?

Missouri courts generally must approve wrongful death settlements. The court reviews the settlement and decides how the money is divided among the family members entitled to share, based on their losses.

This process protects minor children and gives every eligible family member a chance to be heard. Our team prepares the evidence the court needs and explains the process to the family.

Money set aside for minor children is often placed in a protected account or structured settlement until they reach adulthood, and the court can require that arrangement. Medical providers and health plans that paid for care before the death may also assert claims against the recovery. We address those claims before distribution so the family knows exactly what each member will receive.

For fatal crashes, see our Missouri car accident page. Our wrongful death practice explains the process in more detail, and our Missouri injury overview covers other state rules. We offer a free, confidential case review, and you pay no fee unless we win.