Filing a wrongful death claim in Missouri allows families to seek justice and compensation after losing a loved one due to someone else’s negligence or wrongful act. Missouri’s wrongful death laws provide a legal process to help surviving family members recover damages for their loss.
Here, our St. Louis personal injury attorney at The Gogel Law Firm provides an in-depth look at the steps necessary to file a wrongful death claim in Missouri, including eligibility requirements and recoverable damages.
Step One: Determine Who Can File a Missouri Wrongful Death Claim
Under Missouri law, not everyone can file a wrongful death claim.
The right to file a claim is limited to specific family members, which are prioritized as follows:
- First Priority: The deceased person’s spouse, children, or parents. These individuals have the first right to file a wrongful death claim.
- Second Priority: If there is no surviving spouse, child, or parent, the right passes to the deceased’s siblings or descendants.
- Third Priority: If there are no eligible family members, a court-appointed “personal representative” may file the claim on behalf of the estate and any beneficiaries.
Step Two: File the Claim Within the Statute of Limitations
In Missouri, you must file a wrongful death claim within a specific timeframe known as the statute of limitations. Typically, you have three years from the date of the deceased person’s death to file a wrongful death lawsuit. Failing to file within this window may result in the claim being dismissed, so it is important to act quickly.
Step Three: Prove Liability and Negligence
To succeed in a wrongful death claim, you must prove that the death was caused by someone else’s negligence, recklessness, or intentional act.
This may involve establishing the following elements:
- Duty of Care: The defendant had a legal duty to act with reasonable care, which may include a driver’s duty to follow traffic laws or avoid driving while impaired.
- Breach of Duty: The defendant failed to uphold that duty through negligent or wrongful actions.
- Causation: The breach of duty directly caused the death of your loved one.
- Damages: The death resulted in measurable damages for which compensation is sought.
Evidence such as medical records, witness statements, accident reports, and expert testimony may be used to prove liability in the case. Our skilled St. Louis wrongful death attorney can help your family compile the necessary evidence to help build your case for success.
Step Four: Understand the Damages That Can Be Recovered
In Missouri, surviving family members can recover various types of damages in a wrongful death claim. These damages are intended to compensate for both financial and non-financial losses.
Commonly recoverable damages include:
- Medical Expenses: Any medical costs incurred before the death, such as hospital bills or treatment for injuries sustained in the accident.
- Funeral and Burial Costs: Compensation for funeral services and burial or cremation costs.
- Loss of Financial Support: The income and financial contributions the deceased would have provided to the family if they had lived.
- Loss of Companionship and Guidance: Compensation for the loss of love, companionship, and emotional support the deceased provided to their family.
- Pain and Suffering: If the deceased experienced pain and suffering before their death, this can be factored into the compensation.
- Loss of Services: The value of household services the deceased provided, such as childcare, home maintenance, or other contributions.
In some cases, punitive damages may be awarded if the defendant’s conduct was particularly egregious or reckless to punish the wrongdoer and deter future misconduct.
Step Five: Work with an Experienced Wrongful Death Attorney
Navigating a wrongful death claim can be complex, and working with an experienced Missouri wrongful death attorney can significantly increase your chances of recovering fair compensation. Our attorney will guide you through the legal process, help gather evidence, negotiate with insurance companies, and, if necessary, represent your family in court.
Contact our St. Louis personal injury attorney today to review your case by calling (314)-370-8173 or online to schedule a free consultation.
