Understanding Wrongful Death Lawsuits
A wrongful death lawsuit is a legal claim brought by the family of someone who has died because of another person or company’s negligent, reckless, or intentional actions. The main purpose of this claim is to secure financial and emotional support for survivors and to hold the responsible party accountable.
Wrongful death cases can involve car accidents, unsafe products, workplace incidents, or even intentional acts. Each situation is unique, but the common factor is that the loss could have been prevented if someone had acted differently.
Who Can File a Wrongful Death Lawsuit in Missouri?
In Missouri, not everyone can file a wrongful death lawsuit. The law gives this right first to the deceased person’s spouse, children, or parents. If none of those people are available, siblings may file the claim. If the person who died has no immediate family, the court may appoint someone to bring the case on behalf of the estate.
This process ensures that those most affected by the loss have a chance to seek justice and support.
What Needs to Be Proven in a Wrongful Death Case?
Four key elements must be shown to succeed in a wrongful death claim in Missouri:
- Duty of Care: The defendant had a legal duty to act responsibly toward the person who died.
- Breach of Duty: The defendant failed in that duty by being careless, reckless, or breaking the law.
- Causation: The breach of duty directly caused the death.
- Damages: The surviving family members suffered actual losses—financial, emotional, or both—because of the death.
Meeting these requirements can be complex. It usually involves gathering medical records, accident reports, eyewitness testimonies, and working with legal experts.
Damages You Can Claim in a Wrongful Death Lawsuit
A wrongful death lawsuit’s goal is to help family members recover for the wide range of losses they face. In Missouri, the damages fall into two main categories:
- Economic Damages:
- Medical expenses for care provided before death.
- Funeral and burial costs.
- Loss of financial support or future income that the deceased would have earned.
- Lost benefits, such as health insurance or pension plans.
- Non-Economic Damages:
- Loss of companionship, comfort, and guidance.
- Pain and suffering of the surviving family.
- Emotional distress.
- Loss of parental care for children.
- Punitive Damages:
In rare cases, when the defendant’s actions were especially reckless or intentional, the court may award punitive damages. These are meant to punish and to prevent similar future conduct.
There are no caps on economic damages in Missouri. However, some limits may apply to non-economic damages depending on the specifics of the case.
Common Causes of Wrongful Death Claims
Wrongful death lawsuits can arise from many types of incidents, including:
- Car, truck, and motorcycle accidents.
- Unsafe work environments or job site accidents.
- Medical malpractice and hospital errors.
- Hazardous property conditions.
- Defective products.
- Violent acts or crimes.
Attorneys at Price & Randle have handled wrongful death cases involving many of these situations. Their local experience is key when building a strong case.
Steps in the Wrongful Death Lawsuit Process
Going through a wrongful death lawsuit may feel overwhelming, but a compassionate attorney will guide families through each stage:
- Free Consultation: An initial meeting to discuss what happened, review evidence, and answer key questions.
- Investigation: Collecting records, witness statements, and expert opinions to build the case.
- Filing the Claim: The lawyer formally brings the lawsuit against the responsible party or parties.
- Negotiation: Attorneys work to secure a fair settlement.
- Trial: If a settlement can’t be reached, the case may go to court, where evidence is presented and a verdict is reached.
Most cases settle before trial, but Price & Randle prepare every case as if it might go before a judge, ensuring no detail is missed.
Myths About Wrongful Death Lawsuits
It’s common to feel unsure or have doubts about pursuing a wrongful death claim. Here are three of the biggest myths families face:
- “Only criminal cases matter after someone’s death.”
Wrongful death suits are civil cases, separate from criminal actions. They focus on helping families recover from their personal losses. - “It will cost too much to hire a lawyer.”
Price & Randle works on a contingency basis, meaning there are no upfront fees. The firm only gets paid if compensation is won for the family. - “Seeking compensation is greedy.”
When a loved one dies, the impact on a family’s finances and future can be huge. A lawsuit helps survivors get support and hold the wrongdoer accountable—it’s about fairness, not greed.
Why Choose a Local Wrongful Death Attorney?
Working with a local attorney offers many advantages:
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Deep understanding of Missouri laws and local court systems.
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Connections with local experts and resources to strengthen cases.
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Familiarity with the needs and concerns of Central Missouri families.
Price & Randle Injury Attorneys have earned excellent client reviews and have handled wrongful death and serious injury cases for decades. Their reputation for care and results stands out in the community.
Frequently Asked Questions
Who can bring a wrongful death lawsuit?
Eligible family members (spouse, children, parents, or siblings) or a court-appointed representative.
How long do I have to file a wrongful death claim in Missouri?
Five years from the date of death.
What types of damages can I recover?
Medical bills, funeral expenses, lost future income, loss of companionship, and possibly more.
How much will legal representation cost?
No upfront fees—lawyers are paid only if the case is won.
Can I file a claim if the person who died was partly at fault?
Yes, but compensation may be reduced depending on each party’s share of responsibility.
If you still have questions, please contact us today.
Need Help After a Tragedy? Contact Price & Randle Today
Losing a family member is always devastating. If you think another person’s negligence played a role, you may have legal options—and time matters. Reach out to Price & Randle Injury Attorneys for a free, private consultation. Their legal team will handle the difficult details so your family can focus on healing.
Learn more about your rights, and get the support you need by contacting the firm for experienced help with wrongful death lawsuits in Central Missouri.
