Missouri recorded approximately 990 traffic fatalities in 2023. Behind every one of those numbers is a family trying to understand what happened and what they can do about it. If negligence caused your loved one’s death, Missouri law gives your family the right to pursue a wrongful death claim.
A St. Louis wrongful death lawyer helps families hold negligent drivers, trucking companies, employers, and other responsible parties accountable in civil court.
What Qualifies as a Wrongful Death in Missouri?
Under Missouri law, a wrongful death occurs when someone dies because of an act or negligence that would have entitled that person to sue for damages had they survived. Common cases include fatal car and truck accidents, workplace deaths, medical malpractice, nursing home negligence, and construction accidents.
You do not need a criminal conviction to file. The civil burden of proof, preponderance of the evidence, is much lower than the criminal standard of beyond reasonable doubt. Families can pursue a wrongful death claim even when prosecutors decline to charge anyone.
Who Has the Right to File a Wrongful Death Claim in Missouri?
- Spouse or children: either has first priority to file.
- Parents: may file if no spouse or children survive.
- Siblings: may file if no parents survive.
- Court-appointed representative: if no qualifying family members exist.
Missouri law determines who can file, not who grieved the most. If you are unsure whether you qualify, a consultation with an attorney will clarify your standing quickly.
What Damages Can a Wrongful Death Case Recover?
Economic damages cover medical bills before death, funeral and burial costs, lost wages, and future earning capacity. Non-economic damages include loss of companionship, emotional distress, and loss of consortium. In cases of especially reckless or intentional conduct, punitive damages may also be awarded.
There is no cap on wrongful death damages in most Missouri negligence cases, though certain medical malpractice claims may have limits. Each case is unique based on the deceased’s income, the family’s relationship losses, and the conduct of the responsible party.
The Three-Year Deadline You Cannot Miss
Under Missouri statute 537.100 RSMo, families generally have three years from the date of death to file a wrongful death lawsuit. Missing this deadline can permanently bar the claim regardless of how strong the case is. Evidence also disappears quickly: surveillance footage is deleted on rolling cycles, witnesses’ memories fade, and accident scene conditions change.
If a fatal truck crash was involved, connecting with a truck accident lawyer in St. Louis who handles wrongful death cases is especially important because commercial trucking evidence disappears faster than in standard accidents.
What to Expect When You Call
At Eason Car Accident and Personal Injury Lawyers, attorney James Eason handles every wrongful death case personally. He spent years as an insurance defense lawyer before switching sides, which means he knows exactly how carriers undervalue fatal accident claims and how to build cases they cannot ignore. Every case is prepared for trial from day one.
There are no upfront costs. Fees are contingency-based, meaning the firm only gets paid if it recovers compensation for your family. If you lost a loved one due to someone else’s negligence, contact a personal injury lawyer in St. Louis at (314) 932-1066 for a free consultation.
Frequently Asked Questions
Q: How long does a wrongful death case take in Missouri?
A: Most cases resolve in one to three years. Complex cases with multiple defendants or disputed liability take longer.
Q: Can I sue even if no criminal charges were filed?
A: Yes. Civil wrongful death claims have a lower burden of proof and are independent of criminal proceedings.
Q: What if my loved one was partly at fault for the accident?
A: Missouri’s pure comparative fault rule still allows recovery reduced by their percentage of fault.
Q: Does the firm handle wrongful deaths from truck accidents?
A: Yes. Trucking wrongful deaths involve federal regulations and require immediate evidence preservation.
Q: What is the first step after a wrongful death in St. Louis?
A: Preserve all records, avoid speaking to insurers alone, and contact a wrongful death attorney immediately.
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