Losing someone you love is devastating. When that loss happens because of someone else’s carelessness, whether a drunk driver or a fatigued trucker grief often comes tangled with anger, unanswered questions and sudden financial strain. No legal claim can bring your loved one back. Missouri’s wrongful death laws do give families a path to hold the responsible party accountable.
This guide explains what counts as wrongful death in Missouri, who can file a claim, how long you have to act and what compensation may be available. Our goal is to help you understand your options whenever you’re ready to take the next step.
Lost a loved one because of someone else’s negligence? Talk with a Columbia wrongful death attorney at Eng & Woods. Call 573-874-4190 or schedule a free consultation.
What Counts as Wrongful Death in Missouri?
Under Missouri Revised Statutes Section 537.080, a wrongful death claim exists when a person dies because of an act or circumstance that would have allowed them to sue for damages had they survived. Put simply, if your loved one could have brought a personal injury claim, your family may be able to bring a wrongful death claim.
These cases often stem from car and semi-truck crashes, medical errors, defective products and dangerous property conditions. A wrongful death claim is a civil case, separate from any criminal charges, so your family can pursue it whether or not anyone is prosecuted.
Who Can File a Wrongful Death Claim in Missouri?
Missouri law groups eligible family members into classes. The first class includes the spouse, the children (natural or adopted), descendants of any deceased children and the parents of the person who died. These family members share the same priority.
If no one in that first class is entitled to bring the action, siblings or their descendants may file, as long as they can show they suffered losses because of the death. If no eligible family member exists in either group, a court can appoint a plaintiff ad litem to pursue the claim on behalf of those entitled to share in any recovery.
Missouri allows only one wrongful death action against any one defendant for the death of any one person. That makes it important for eligible family members to communicate early and move forward together.
How Long Do You Have to File?
In most cases, Missouri gives families three years from the date of death to file a wrongful death lawsuit. The clock starts on the day your loved one passed away, not the day of the accident. A few narrow exceptions exist, but they rarely apply, and missing the deadline can permanently bar your claim.
Three years can feel like plenty of time, but evidence fades quickly. Vehicles get repaired, video footage gets erased and witnesses’ memories blur. Speaking with an attorney early helps protect your family’s rights while you focus on grieving.
What Damages Can Be Recovered in a Missouri Wrongful Death Case?
Missouri law allows a jury to award damages it finds fair and just for the family’s loss. Recoverable damages can include:
- Funeral and burial expenses
- Medical bills from your loved one’s final injury or illness
- Lost income and the financial support your loved one would have provided
- The value of household services, care and support
- Loss of companionship, comfort, guidance, counsel and training
- Pain and suffering your loved one experienced between the injury and their death
Missouri doesn’t compensate grief itself, but it does recognize the loss of the relationship your family shared. Juries may also consider aggravating circumstances surrounding the death.
How Wrongful Death Claims Differ From Survival Actions
A wrongful death claim compensates surviving family members for their own losses. A survival action under RSMo 537.020 is different: it’s the injured person’s own claim, which survives their death and is pursued on behalf of their estate.
When an injury causes the death, Missouri generally includes the losses your loved one suffered before passing, such as medical bills and pain and suffering, in the wrongful death claim itself. A separate survival action typically comes into play when someone was injured by another’s negligence but later died of an unrelated cause. An experienced attorney can determine which claim, or claims, fit your family’s situation.
The Emotional and Financial Impact of Losing a Loved One
Families facing a wrongful loss carry two burdens at once. Alongside the grief, there are funeral costs, medical bills and, often, the loss of a household income that paid the mortgage or put food on the table. Surviving children may lose not only a parent’s financial support but their guidance and care.
A wrongful death claim can’t erase that pain. It can provide financial stability, answers about what happened and accountability for the person or company responsible.
How Eng & Woods Approaches Wrongful Death Cases
At Eng & Woods, our first priority is supporting your family through an unimaginably hard time. We gather records, reports and evidence to understand what happened and identify who is responsible. Then we handle communications with insurance companies, calculate the full scope of your losses and negotiate or take your case to trial as needed. Get to know the attorneys who will stand beside you.
Frequently Asked Questions
How long does a wrongful death case take in Missouri?
Every case is different. Timelines depend on the complexity of the evidence, the number of parties involved and whether the case settles or goes to trial. While some cases can take months or even years, the attorneys at Eng & Woods work diligently to bring the closure you need as fast as possible.
Does someone have to be criminally charged for a wrongful death claim?
No. A wrongful death claim is a civil case with a different burden of proof than a criminal case. Your family can pursue compensation even if no criminal charges are filed or the defendant is found not guilty.
What if my loved one was partly at fault?
Missouri follows a comparative fault system, so a family can still recover damages even if their loved one shared some responsibility. Any award is reduced by the deceased person’s percentage of fault. An attorney can help push back against unfair blame from insurance companies.
What makes a wrongful death case strong?
Strong cases typically show clear evidence that someone acted negligently, that the negligence caused the death and that the family suffered real, documented losses. A Columbia wrongful death attorney at Eng & Woods can evaluate your case during a free consultation.
Should I talk to the other party’s insurance company?
It’s best to speak with an attorney before giving any statement or accepting a settlement offer. Insurance adjusters work to limit what their company pays, and early offers often fall short of a family’s true losses. Eng & Woods can handle these conversations for you.
Speak With a Columbia Wrongful Death Attorney
You don’t have to navigate Missouri’s wrongful death laws alone. Eng & Woods serves grieving families throughout Mid-Missouri with compassion and a commitment to holding negligent parties accountable. Learn more about our wrongful death practice, or contact us today at 573-874-4190 to schedule a free consultation.