Missouri Wrongful Death Laws: When a Personal Injury Lawyer Becomes Essential

Understanding Personal Injury Laws and Liability in Missouri

Losing someone close to you is hard. Losing them at the hands of someone else is even worse. The state of Missouri allows families to pursue justice by means of a claim for wrongful death. Knowing how the law works can lead you in the right direction. Keep reading for what you should know—and why an experienced personal injury lawyer in Kansas City can make it all worthwhile.

What Is Wrongful Death?

Wrongful death is when someone dies as a result of another’s negligence or mistake. It can result from car accidents, medical errors, factory accidents, or crimes. The family can sue if the victim could have sued for personal injury if he or she survived. Wrongful death implies the death could have been avoided. It was not from natural causes. It was caused by someone else doing something wrong—or not doing something they ought to have.

Who Can Bring a Wrongful Death Action in Missouri?

Missouri law spells it out about who can bring:

  • Spouse
  • Children (or descendants)
  • Parents of the deceased
  • If none of those, a brother or descendants of a brother can bring
  • If there is no family to locate, a court may appoint one

There can be one suit. All qualified family members must be named in it. If there is disagreement, the court may decide what happens to the case. Families often don’t even know they may sue. A lawyer can help you decide this. You don’t need to take a guess. Ask.

What Damages Can Be Recovered?

Families can ask the court to award money for:

  • Costs as a result of the final injury
  • Funeral costs and burial 
  • Lost income the person would have received
  • Pre-death pain and suffering
  •  Loss of care, guidance, and companionship

These losses are real and can hurt a family for years. Money won’t make everything all right, but it can ease some pain. The court takes many things into consideration, including the person’s age, health, and income. You can also recover compensation for services the person once performed. This may be cooking, cleaning house, child care, or even home handyman services.

Time Limits: Don’t Wait Too Long

Missouri gives families three years to make a wrongful death lawsuit. The countdown starts on the date of the individual’s death. Wait until after the deadline, and you lose your right to sue. This time frame is a “statute of limitations.” It is not negotiable. The court generally doesn’t make exceptions. Even if you’re uncertain, you should seek a lawyer sooner than later. Delay can hurt your case.

Why You Need a Personal Injury Lawyer

Wrongful death laws are complex. Big corporations and insurance companies have trained legal professionals. You need someone who understands the law and will advocate for you.

A personal injury lawyer will:

  • Get evidence
  • Interview witnesses
  • Negotiate with insurance companies
  • Submit court documents
  • Negotiate for the maximum available settlement

Without legal practice management help, families often get much less money than they deserve—or nothing at all. Lawyers also help protect you from making costly mistakes. Other families try to handle it themselves. They feel intimidated by insurance companies. Insurance companies like to make quick lowball offers. An attorney can stop you from taking a bad deal.

What Makes Missouri’s Law Different

Missouri law is not like other states. A few of the differences:

  • Missouri allows more relatives to sue than some states.
  • There is a particular list of people who are allowed to sue.
  • Courts allow claims for the worth of lost services, like cooking, cleaning, or taking care of children.
  • In medical situations, you must have a health practitioner to validate your claim.
  • Missouri allows juries to give punitive damages in some cases.

Punitive damages are extra money meant to punish the perpetrator. They are given in extreme cases, such as drunk driving or extreme indifference.

Types of Common Cases That Are Eligible for Wrongful Death

The following are some examples of circumstances that can be eligible:

  • Drunk driving crashes
  • Workplace accidents, which are hazardous
  • Medical mistakes
  • Defective products
  • Nursing home abuse
  • Crime involving violence

Any circumstance under which a person dies because of someone else’s carelessness can be wrongful death. That is doing something you shouldn’t.  Some are clear. Others are less so. That’s why legal help is necessary.

How Do You Prove Wrongful Death?

You have to establish these four items:

  1. The person had an obligation to behave in a safe way.
  2. They did not behave.
  3. Their failure caused the death.
  4. The family suffered actual losses.

Evidence matters. It can be photographs, medical records, expert opinions, and the testimony of eyewitnesses. A lawyer knows where to find and how to make use of this evidence. Lawyers often use experts. Experts can explain what happened when someone died and why death should have been prevented. Their conclusion will be persuasive in a trial.

How Much Does a Lawyer Cost?

Most attorneys for wrongful death work on a contingency basis. That means:

  • You don’t pay anything at first.
  • The lawyer only gets paid if you are successful.
  • Their fee is taken from the money that you recover.

It is beneficial to families who are not able to pay an attorney up front. Be sure and discuss the fee with your lawyer before you sign anything.

What If Death Is a Crime?

You are still able to bring an action for wrongful death even if the person is prosecuted for a crime. Civil and criminal are two distinct kinds of cases. You do not have to wait for the criminal case to be over. You can win in civil court even if the person is acquitted of a crime in criminal court. The burden of proof is lower in civil cases. Criminal cases are established beyond reasonable doubt. Civil cases require more than 50% certainty. That’s a preponderance of evidence.

What You Need to Do Next?

  1. Get any records or evidence that you have.
  2. Write out what occurred before it escapes your memory.
  3. Talk to a personal injury attorney.
  4. Don’t speak with insurance companies without an attorney being present.
  5. Don’t sign anything without the advice of counsel.

The sooner you act, the better chance of winning. Delay can lead to lost evidence and lost memories.

Five Surprising FAQs About Missouri Wrongful Death Cases

1. Can I still sue if the killer is incarcerated?

Yes. A criminal case does not exclude a wrongful death suit. You can still seek damages in court.

2. What if the family members are unable to agree on what to do?

The court may step in and decide how the case goes and how funds are split.

3. Are stepchildren or adopted children entitled to a claim?

Adopted children are. Stepkids usually are not unless lawfully adopted or claimed as a dependent.

4. What if my loved one died on the job?

You may have a workers’ compensation claim. There are instances when you can file both a workers’ comp claim and a wrongful death claim.

5. Can I sue a hospital for wrongful death?

Yes, in the event the hospital or staff was negligent. A lawyer may help find medical professionals to support your claim.

Final Thoughts

No amount of money can restore a loved one. But a wrongful death action does bring justice and alleviate fiscal worry. Missouri law gives families a guidebook forward—but it is difficult to walk alone. If you are on this agonizing path, a Kansas City Wrongful Death Lawyer can help you and represent you. Don’t wait. The sooner you call, the stronger your case.