What Qualifies as Wrongful Death?
Under Missouri law, wrongful death is defined as a fatality caused by the “negligent, reckless, or intentional acts” of another person or entity. Common scenarios include:
- Motor Vehicle Accidents: Fatalities involving reckless, distracted, or impaired drivers.
- Medical Malpractice: Deaths caused by surgical errors, misdiagnosis, medication mistakes, or delayed treatment.
- Workplace Accidents: Unsafe conditions, lack of protective equipment, or OSHA violations.
- Defective Products: Fatal injuries from unsafe machinery, appliances, or consumer goods.
- Nursing Home Neglect or Abuse: Death resulting from dehydration, infections, or injuries left untreated.
- Criminal Acts: Assaults, shootings, or other forms of intentional harm.
If your loved one would have had grounds for a personal injury lawsuit had they survived, the law allows you—through a wrongful death claim—to pursue damages on their behalf.
Who Can File a Wrongful Death Lawsuit in Missouri?
Missouri law establishes a hierarchy for who is eligible to bring a wrongful death lawsuit. These may include:
- The surviving spouse, children, or parents of the deceased
- If none exist, then siblings or their descendants
- In certain cases, a court-appointed plaintiff ad litem
Only one wrongful death lawsuit may be filed per deceased individual. That’s why it’s critical for eligible family members to act promptly and with qualified legal representation.
What Damages Can Be Recovered?
While no amount of money can truly compensate for a life lost, wrongful death claims allow families to recover both economic and non-economic damages, such as:
- Funeral and burial expenses
- Medical bills related to the final injury or illness
- Loss of the deceased’s expected income and benefits
- Loss of companionship, care, and guidance
- Pain and suffering experienced by the deceased before death
- Loss of consortium for spouses
In rare and egregious cases involving gross negligence or intentional misconduct, Missouri law also permits punitive damages meant to punish and deter similar conduct.
The Importance of Legal Action
Beyond financial recovery, wrongful death lawsuits serve a greater purpose: holding negligent individuals, companies, or institutions accountable. These claims can prompt safety reforms, expose misconduct, and prevent future harm to others.
Moreover, legal action can provide families with answers they might not otherwise receive—through discovery, expert testimony, and a full investigation into the circumstances surrounding the death.
At Moore Payne Law, we believe in helping families reclaim their voice during the most difficult moments of their lives.
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Our Approach to Wrongful Death Cases
When you choose Moore Payne Law, you’re selecting a team that approaches wrongful death claims with:
- Sensitivity: We respect your grief and handle every interaction with compassion and care.
- Diligence: We collect evidence, interview witnesses, consult medical and forensic experts, and build a case that withstands scrutiny.
- Transparency: We keep you informed and involved at every stage—ensuring you never feel left in the dark.
- Relentless Advocacy: We are unafraid to go to trial if that’s what it takes to secure justice for your loved one.
Our experience in high-stakes litigation means your case will be handled with the attention and skill it deserves.
Timelines and Legal Deadlines
In Missouri, wrongful death claims are subject to a statute of limitations of three years from the date of death. While that may seem like ample time, evidence can quickly be lost, memories fade, and legal options may narrow.
If you believe your loved one’s death was preventable, it is critical to act quickly. A timely consultation can preserve your rights and increase your chances of a successful resolution.
Let Us Help You Move Forward
You’ve suffered a heartbreaking loss—but you don’t have to go through this process alone. At Moore Payne Law, we help families honor their loved ones by seeking accountability and justice in their name.
We offer free consultations and represent wrongful death clients on a contingency fee basis, meaning you pay nothing unless we win your case.
Contact us today to speak with a compassionate and experienced attorney. We’re here to support you every step of the way.
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