Understanding Wrongful Death Claims: A Guide for Missouri Families

Losing a loved one is devastating, but when that death was preventable and caused by someone else’s negligence or recklessness, then the grief carries an added weight of injustice. If your family is facing this tragedy in Missouri, understanding wrongful death claims can help you seek accountability and financial protection during this difficult time.

What Constitutes Wrongful Death in Missouri?

Missouri law defines wrongful death broadly: any death caused by circumstances that would have entitled the deceased person to file a personal injury claim had they survived. The key element is preventability. If the death could have been prevented by someone acting responsibly, that party can be held financially liable.

Wrongful death claims can arise from motor vehicle collisions, workplace accidents, medical malpractice, nursing home neglect, defective products, construction accidents, premises liability incidents, and many other situations. Each case is unique, but they all share a common denominator: a death that shouldn’t have happened.

Who Can File a Claim?

Missouri law is specific about who can pursue a wrongful death claim. The first priority goes to surviving spouses, parents, children, or grandchildren if the children are deceased. If none of these immediate family members exist, the right passes to surviving siblings or their descendants. In rare cases where no eligible family members can be identified, the court may appoint a representative to bring the claim forward.

These limitations ensure that compensation reaches those who truly suffered from the loss rather than distant relatives, recognizing that immediate family members experience the most significant emotional and financial impact.

The Critical Three-Year Deadline

Missouri imposes a three-year statute of limitations from the date of death. Miss this deadline, and with very rare exceptions, you’ll lose forever the opportunity to hold the responsible party accountable. This underscores why contacting an attorney quickly is crucial. Evidence deteriorates over time, and beginning your claim promptly preserves critical evidence while ensuring sufficient time to build a strong case.

What Compensation Can Families Recover?

While no amount of money can replace your loved one, wrongful death compensation prevents your family from absorbing costs that resulted from someone else’s negligence. Missouri allows families to pursue both economic and non-economic damages.

Economic damages include funeral and burial expenses, final medical bills, and the wages and benefits your loved one would have earned. Non-economic damages address your loved one’s pain and suffering before death, your family’s grief and mental anguish, and the loss of companionship, comfort, and guidance. Missouri generally places no cap on wrongful death compensation, with the exception of medical malpractice cases. Our team at The Floyd Law Firm works tirelessly to secure maximum compensation that reflects the true magnitude of your loss.

Proving Your Claim

Wrongful death claims are civil matters, separate from any criminal proceedings. You don’t need a criminal conviction to succeed, and many claims proceed without criminal charges being filed. To succeed in your claim, you must prove the at-fault party had a responsibility to act safely, failed to do so, directly caused the death, and that your family suffered significant damages.

Gathering evidence requires legal expertise, investigative resources, and often expert testimony. Insurance companies frequently attempt to minimize payouts by questioning liability or damages.

Why Legal Representation Matters

Handling a wrongful death claim while grieving is overwhelming. The legal process involves complex procedures, strict deadlines, and aggressive insurance company tactics. At The Floyd Law Firm, we navigate these challenges while you focus on healing. With over 25 years of experience and a track record that includes multiple seven-figure verdicts and settlements, we ensure insurance companies cannot take advantage of your family. We fight relentlessly to hold negligent parties accountable and give your loved one a voice in the civil justice system.

Your family deserves justice, financial security, and answers. Contact The Floyd Law Firm for a free consultation. We’ll help you understand your rights and fight for the maximum compensation your family deserves!