What a wrongful death claim is

A wrongful death claim is a lawsuit brought by family after a death. It applies when your loved one could have sued if they had lived. The cause might be a car crash, a fall, a dangerous product or another careless act (Missouri law, RSMo 537.080).

Because a statute creates this claim, its rules are strict. The law says who can sue, what losses count, and how long you have. The firm checks each rule against your family’s situation before anything is filed.

Which family members can file

Missouri law lists three groups, in order. A later group can file only if no one is in an earlier group.

There is one more key rule. Only one lawsuit can be filed against each defendant for one death. So family members need to work together. One case carries everyone’s claim against that defendant. Our guide to who can sue covers common family situations.

What losses the law covers

Missouri law says a wrongful death award may include (RSMo 537.090):

• Money losses caused by the death, such as lost income that supported the family.
• Funeral costs.
• The value of what your loved one gave the family. The law names services, companionship, comfort, guidance, counsel, training and support.
• Harm your loved one suffered between the injury and death.

A jury may also consider the circumstances of the death, good or bad. But the law does not allow money for grief itself. Your sorrow is real. The law measures what your loved one provided, not the grief.

The law has special rules for valuing a stay-at-home caregiver or a child under 18. When the conduct was extreme, other rules may apply. See punitive damages in Missouri.

Your three-year deadline, and a rule about serving papers

This is shorter than the five-year deadline for most injury cases. Families who assume they have five years can lose the claim. The deadline can pause while a defendant is out of state and cannot be served. If a case is dismissed without a decision, the law may allow one more year to refile.

There is also a rule about serving the lawsuit. If a defendant is served after the three years run out, service must happen within 180 days of filing. If not, the court must dismiss the case against that defendant. So filing on the last day is not enough if you then cannot find the defendant.

How the firm helps your family

1. Find everyone in the family group who can file, and check whether anyone already has a lawyer.
2. Save the evidence of how the death happened. That can include crash reports, photos, product records and medical records.
3. Document what your loved one gave the family, in money and in care.
4. Find every responsible party and every insurance policy.

Harjot Singh Padda, JD meets with families by appointment. Your first meeting about an injury is free. If you hire the firm, you pay a contingency fee. A written agreement spells out the percentage and how case costs are handled.

Common questions

Related reading

• Who can sue for wrongful death in Missouri
• Punitive damages in Missouri
• Dangerous product claims
• How contingency fees work