The death of a loved one is a devastating experience, made even more traumatic when the death results from someone else's negligence or misconduct. In the state of Missouri, as in other U.S. jurisdictions, the law provides a legal remedy through a wrongful death lawsuit.
This legal action enables surviving family members to seek compensation for their loss and to hold the responsible party accountable. However, not every accidental or untimely death meets the legal standard. To succeed in a wrongful death lawsuit in Missouri, claimants must satisfy specific legal elements, adhere to procedural requirements, and provide compelling evidence.
Understanding the elements of a wrongful death lawsuit is crucial for those seeking compensation and accountability. At SJP Law Firm, LLC in Kansas City, Missouri, we’re here to advocate for your family in a wrongful death lawsuit. Here, we’ll discuss the essential elements of a successful wrongful death lawsuit in Missouri.
In Missouri, a wrongful death lawsuit offers a path for surviving family members to seek justice and compensation when a loved one's death results from another's wrongful actions. Understanding the essential legal elements of such a claim is paramount for those pursuing accountability and financial recovery.
The most obvious and foundational element is the death of a person. This must be established through death certificates, autopsy reports, and witness statements. It isn’t sufficient to show serious injury—death must have occurred.
The plaintiff must demonstrate that the death was directly caused by the defendant’s wrongful act, negligence, recklessness, or intentional misconduct. This element requires showing both:
Causation in fact: The defendant’s action or omission was a factual cause of the death (the "but for" test: but for the defendant’s conduct, the death wouldn’t have occurred).
Proximate cause: The death was a foreseeable consequence of the defendant’s actions.
Medical experts, accident reconstructionists, or forensic analysts often play a critical role in proving causation.
The plaintiff must show that the defendant owed a legal duty to the decedent and that this duty was breached. For example:
A driver has a duty to operate a vehicle safely.
A doctor has a duty to provide competent medical care.
A property owner must keep the premises reasonably safe.
Establishing a breach involves proving the defendant failed to meet this legal duty.
The final element involves showing that actual damages resulted from the death. Damages in wrongful death cases typically include both economic and non-economic losses.
Successfully working through a wrongful death lawsuit in Missouri requires demonstrating several critical legal elements, including the fact of death, causation, breach of duty, and resulting damages. By understanding these requirements, along with the procedural aspects and the crucial role of evidence and legal representation, surviving families can pursue justice.
Missouri law restricts who can file a wrongful death lawsuit. The statute sets out a specific order of priority:
Class 1 or immediate family: This includes the surviving spouse, biological and adopted children, and the mother or father of the deceased. If multiple individuals qualify (e.g., two children and a spouse), they must either file jointly or allow one person to file on behalf of all.
Class 2 or siblings: If no Class 1 beneficiaries exist, then siblings of the deceased or their descendants may file the lawsuit.
Class 3 or court-appointed plaintiff ad litem: If there are no qualified individuals in either class, or if those eligible don’t file within a reasonable time, the court may appoint a plaintiff ad litem to pursue the claim, upon application by someone entitled to share in the proceeds.
Missouri law carefully outlines who is eligible to file a wrongful death claim, establishing a clear order of priority to make sure that the closest surviving relatives have the first opportunity to seek justice for their loss.
In Missouri, the statute of limitations for a wrongful death lawsuit is three years from the date of death (Missouri Revised Statutes § 537.100). Missing this deadline typically results in the loss of the right to sue. There are limited exceptions (such as fraud or concealment), but these are rare.
This makes it essential for grieving families to act promptly. Delays can also result in loss of evidence or fading witness memories, weakening the case.
Wrongful death claims in Missouri are civil lawsuits and must be proven by a preponderance of the evidence. This means it’s more likely than not (greater than 50%) that the defendant’s wrongful conduct caused the death. This is a lower standard than "beyond a reasonable doubt," which is used in criminal cases.
Wrongful death lawsuits can stem from various types of conduct or negligence, including:
Car or truck accidents
Medical malpractice
Defective products (product liability)
Workplace accidents
Criminal acts (e.g., homicide)
Premises liability (e.g., slip-and-fall leading to fatal injuries)
While the legal principles remain the same, the specific evidence and applicable laws can vary depending on the type of case.
Under Missouri law, plaintiffs in a wrongful death case may recover a broad range of damages, including:
Economic damages: Funeral and burial expenses, medical bills related to the deceased’s final injury or illness, loss of income the deceased would have earned, and loss of services the deceased provided (e.g., childcare, home maintenance).
Non-Economic damages: Loss of companionship, guidance, and consortium, and mental anguish and grief suffered by survivors.
Presumed value of services: In cases involving the death of a homemaker, unemployed parent, or child, courts may award a statutory presumed value for the loss of services, companionship, and support.
Punitive damages: Punitive damages aren’t typically awarded but may be possible if the defendant's conduct was particularly reckless, willful, or malicious. These damages are designed to punish and deter future misconduct, not compensate the family.
Understanding the scope of recoverable damages is crucial for those considering or pursuing a wrongful death claim in Missouri.
A successful wrongful death case relies on thorough and persuasive evidence. Key forms of evidence include:
Death certificate and autopsy reports
Medical records
Eyewitness testimony
Expert testimony (e.g., forensic, medical, or economic experts)
Photos or video footage (e.g., from accident scenes)
Police or accident reports
Employment and income records (to calculate lost earnings)
In some cases, depositions and interrogatories (formal questions asked during discovery) are used to uncover critical facts.
Many wrongful death lawsuits in Missouri settle out of court. Settlements allow both parties to avoid the uncertainty and emotional toll of a trial. However, if a fair agreement can’t be reached, the case may go to trial.
If a settlement is reached, Missouri law requires court approval, particularly when minors are involved or when the settlement includes a plaintiff ad litem. The court makes sure that the settlement is in the best interests of all parties.
When damages are awarded, they must be distributed among the rightful beneficiaries. If the lawsuit was filed by multiple parties, the court may divide damages according to each person’s relationship to the deceased and the extent of loss.
In some cases, disputes arise over how damages should be distributed, especially if some beneficiaries contributed more to funeral costs or suffered greater emotional harm. Mediation or a judge’s ruling may be necessary to resolve such issues.
Most wrongful death attorneys in Missouri work on a contingency fee basis, meaning they only get paid if they win or settle the case. This makes legal representation accessible even to those with limited financial resources.
Wrongful death lawsuits in Missouri are a vital legal tool for families seeking justice, closure, and compensation after the loss of a loved one due to negligence or wrongdoing. To succeed in such a claim, plaintiffs must establish the core legal elements: a wrongful act or negligence, causation, damages, and eligibility to file under Missouri's strict statutory structure.
While no amount of money can replace a lost life, these wrongful death lawsuits can provide financial support for survivors, deter future negligence, and make sure that the responsible parties are held accountable. At SJP Law Firm, LLC, we serve clients in Springfield, Missouri, and the Kansas City Metropolitan Area, Kansas. We’re here to help your family after a wrongful death. Contact us today.
The death of a loved one is a devastating experience, made even more traumatic when the death results from someone else's negligence or misconduct. In the state of Missouri, as in other U.S. jurisdictions, the law provides a legal remedy through a wrongful death lawsuit.
Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care, resulting in harm to a patient. In Missouri, as in many states, there are specific time limits—known as statutes of limitations—that dictate how long an individual has to file a lawsuit after experiencing medical negligence.
