What Is a Wrongful Death Lawsuit in Missouri?

Personal injury litigation is widely known for helping injured parties stand up to big corporations and insurance companies following a catastrophic event that limits the party’s ability to enjoy life, continue to work or participate in activities of daily living. Within our practice area, we also litigate wrongful death cases – cases where the negligent actions of a company or person directly caused someone’s death.

A wrongful death lawsuit is a civil claim brought when a person dies as a direct result of another party’s negligent, reckless, or intentional conduct. Instead of the injured person filing the claim, certain surviving family members or representatives pursue compensation on behalf of the deceased and the family members impacted by the loss.

In Missouri, wrongful death claims are governed by RSMo § 537.080, which outlines who may file the lawsuit and under what circumstances. These claims are separate from criminal proceedings and focus solely on financial accountability and compensation.

Wrongful death actions, much like personal injury actions, follow the same steps of pre-litigation investigation, discovery, settlement negotiations, and trial, but there are some unique measures that must be taken specifically for wrongful death claims. In this blog, we will analyze what qualifies as a wrongful death claim, how these claims are proven, who can sue for wrongful death, and what compensation can be received following a wrongful death claim.

Who Can Sue for Wrongful Death in Missouri?

Following a death caused by a negligent act, the decedent’s immediate family members have the ability to sue on the decedent’s behalf. RSMo Section 537.080 establishes three categories of people who can sue for wrongful death:

First Category:

The spouse, children, or the surviving lineal descendants of any deceased children (natural or adopted, legitimate or illegitimate), or by the father or mother of the deceased (natural or adoptive).

Second Category:

If there are no persons in category one, the brother or sister of the deceased, or their descendants, who can establish his or her right to the damages because of the death.

Third Category:

If there are no persons in categories one or two, a plaintiff ad litem may be appointed. A plaintiff ad litem is a court-appointed person authorized to sue at the request of heirs of the deceased, often the personal representative of the deceased’s estate.

Important Clarifications

• Only one wrongful death action may be filed. Missouri law permits a single lawsuit for the death. Eligible family members must typically act together.
• Time limits apply. Under Missouri law, most wrongful death claims must be filed within three years of the date of death.
• Proper representation matters. Consulting with an estate attorney to determine the proper representative is often necessary in wrongful death actions. This process can be streamlined while working with the attorney handling the wrongful death case.

What Damages Can Be Recovered in a Missouri Wrongful Death Claim?

In Missouri, wrongful death claims may cover damages. These are intended to compensate surviving family members for both financial and emotional losses resulting from the death.

Had the negligent act not occurred, these losses would not have been suffered. The ability to recover damages often helps families manage the sudden financial strain caused by medical bills, funeral expenses, and the loss of household income.

Economic Damages

Economic damages compensate for measurable financial losses, including:

• Medical bills related to the final injury or illness
• Funeral and burial expenses
• Lost wages the decedent would have earned
• Loss of future financial support
• Loss of services the decedent provided to the household

These damages aim to account for the financial stability the deceased would have contributed to over their lifetime.

Non-Economic Damages

Non-economic damages address the emotional and relational impact of the loss, including:

• Loss of companionship
• Loss of consortium (spousal relationship)
• Emotional suffering
• Loss of guidance, instruction, and support

These damages recognize that the value of a loved one extends far beyond income.

Punitive Damages

In certain Missouri wrongful death cases, additional damages may be awarded when the defendant’s conduct was especially reckless or egregious.

Under RSMo § 537.090, the jury may consider “aggravating circumstances attending the death.” Missouri courts have interpreted this language to permit what are commonly referred to as punitive damages in appropriate cases.

Unlike economic and non-economic damages, punitive damages are intended to punish particularly dangerous conduct and deter similar behavior in the future. Punitive damages may be considered in wrongful death lawsuits involving:

• Drunk or impaired driving
• Intentional misconduct
• Extreme recklessness
• Corporate conduct showing conscious disregard for public safety
• Gross medical negligence

These damages are not available in every wrongful death lawsuit. The plaintiff must present clear and convincing evidence that the defendant’s actions demonstrated complete indifference to or conscious disregard for the safety of others. Additionally, Missouri law imposes procedural safeguards and statutory limitations on punitive damage awards.

Discussing your case with an experienced wrongful death attorney can help you determine whether the facts of your case may justify submitting aggravating circumstances to a jury.

Are There Damage Caps in Missouri?

In most Missouri wrongful death cases, there is no general cap on damages. However, medical malpractice wrongful death claims may be subject to statutory caps on non-economic damages under Missouri law. These caps can change over time and are adjusted for inflation. An experienced wrongful death attorney can explain how these limits may apply to your specific case.

What qualifies as a wrongful death lawsuit?

Wrongful death lawsuits are characterized by a negligent act resulting in the death of an individual. In simple injury cases, our job is to show that one negligent act, committed by the Defendant, directly caused or directly contributed to causing the injury that the Plaintiff suffered.

This comes in two parts: first, we must prove the Defendant’s action was negligent under the applicable standard of care or duty of care to the Plaintiff. Then, we must prove that Defendant’s action directly caused or directly contributed to causing the Plaintiff’s injury. For wrongful death actions, we must not only prove there was a negligent act, but we must prove this act directly caused the decedent’s death.

As practitioners in Missouri, we look to the Missouri Approved Instructions, commonly known as jury instructions. These instructions provide insight into what must be proven before a jury in order to get a verdict in the Plaintiff’s favor. MAI 20.01 gives the template for wrongful death actions with a single negligent act. MAI 20.01 reads:

Your verdict must be for plaintiff if you believe:

First plaintiff was (here insert statutory qualification required to bring the action), and

Second, defendant violated the traffic signal, and

Third, defendant was thereby negligent, and

Fourth, as a direct result of such negligence, (insert name of decedent) died.

This instruction, also known as a verdict director, is submitted to the jury at the end of the trial and asks the jury who they find in favor of. This instruction lays out exactly what must be proven in a wrongful death action:

1. The Plaintiff is able to bring the action because a duty of care was owed.
2. The Defendant committed a single act.
3. That act was negligent.
4. That negligent act directly caused the decedent’s death.

In short, a death directly caused by a negligent act can result in a wrongful death claim, but it takes experienced attorneys to review the specific facts to determine if a successful case is possible.

How Do You File a Wrongful Death Lawsuit in Missouri?

Filing a wrongful death lawsuit may be one of the hardest decisions you make. Experiencing a sudden, catastrophic death in the family can be devastating, not only because of the loss but because of the after-effects, such as potential financial hardship. Seeking legal advice for your wrongful death case in St. Louis from an experienced, caring lawyer like the wrongful death attorneys at Simon Law is necessary to efficiently investigate your potential claim and navigate the litigation process.

Here is a simplified overview of what you can expect:

1. Determine the Proper Party to File

First, you must determine who has the legal right to bring the claim under Missouri law. This may involve reviewing family relationships and, in some cases, requesting the appointment of a plaintiff ad litem.

2. Investigate Negligence

Your attorney will conduct a thorough investigation into the circumstances of the death. This may include collecting medical records, accident reports, witness statements, expert opinions, and financial documentation.

3. File a Petition in Civil Court

Once sufficient evidence is gathered, your attorney will file a wrongful death petition in the appropriate Missouri civil court. This formally begins the lawsuit.

4. Discovery Phase

During discovery, both sides exchange evidence, take depositions, and evaluate the strengths and weaknesses of the case. This stage is often critical in determining whether the case will settle or proceed to trial.

5. Settlement or Trial

Many wrongful death claims resolve through negotiated settlements. However, if a fair settlement cannot be reached, your case may proceed to trial, where a jury will decide liability and damages.

Statute of Limitations

In Missouri, the statute of limitations for most wrongful death claims is three years from the date of death. If a lawsuit is not filed within that time, you may lose the right to pursue compensation. Because building a case takes time, it is important to speak with an attorney as soon as possible.

The personal injury lawyers in St. Louis at Simon Law have decades of experience guiding and counseling families through the investigative period and litigation. Wrongful death litigation is emotionally taxing, but having the right attorney by your side will make the process easier.

Find Expert Legal Counsel with Simon Law

If you believe a loved one’s death was caused by a negligent act, you deserve answers and accountability. The wrongful death attorneys at Simon Law provide experienced, compassionate representation to families throughout St. Louis and surrounding communities.

You do not have to navigate this process alone. Our team thoroughly investigates potential claims, handles communications with insurance companies and corporations, and works tirelessly to pursue full and fair compensation on your behalf.

Contact Simon Law today for a free, confidential consultation to discuss your potential wrongful death claim in Missouri.

Frequently Asked Questions About Wrongful Death Lawsuits in Missouri

What is considered wrongful death in Missouri?

A wrongful death in Missouri occurs when a person dies as a direct result of another party’s negligent, reckless, or intentional act. The key element is causation: there must be proof that the defendant’s conduct directly caused the death.

How long do you have to file a wrongful death lawsuit in Missouri?

In most cases, you have three years from the date of death to file a wrongful death lawsuit in Missouri. Failing to file within this statute of limitations generally bars the claim.

What is the difference between wrongful death and a survival action?

A wrongful death claim compensates surviving family members for their losses resulting from the death. A survival action, by contrast, allows the deceased person’s estate to recover damages the decedent could have claimed had they survived, such as pre-death pain and suffering. These are separate but sometimes related legal actions.

Do all wrongful death cases go to trial?

No. Many wrongful death claims are resolved through negotiated settlements. However, if the responsible party refuses to offer fair compensation, the case may proceed to trial, where a judge or jury will determine the outcome.