Did someone you love pass away as a result of another party’s actions or failure to act? At Foster Wallace, we recognize that wrongful death cases arise when a person dies due to the negligence, recklessness, or intentional misconduct of someone else.
These cases are often incredibly difficult for family members who are trying to grieve the loss of their loved one while simultaneously keeping it together and fighting for justice. We are here to be your Lee’s Summit wrongful death lawyers so you won’t have to go through the legal process alone.
Our team has over 45 years of experience, and in that time, we’ve recovered more than $1 billion in compensation for people in situations similar to yours. You can trust us to advocate for your rights and pursue compensation as your Lee’s Summit personal injury lawyer.
Missouri’s Definition of Wrongful Death
According to state laws, a wrongful death occurs when someone’s death is caused by a wrongful act, neglect, or default that would have allowed the deceased to file a personal injury lawsuit had they survived.
Essentially, a wrongful death claim serves as a legal substitute for the personal injury claim the deceased could have pursued if they didn’t die from the incident. Here are examples of common causes of wrongful death cases:
- Motor vehicle accidents: Including car, truck, motorcycle, and pedestrian crashes
- Medical malpractice: Such as surgical errors, misdiagnoses, or medication mistakes
- Defective products: Including dangerous pharmaceuticals and faulty machinery
- Workplace accidents: Including equipment failures and hazardous substances
- Premises liability incidents: Such as slip and fall accidents, fires, or negligent security
- Criminal acts: Including assaults, homicides, or other intentional harm
To succeed in a wrongful death claim, your lawyer must prove that the defendant’s actions directly caused the death. A Lee’s Summit wrongful death attorney can also show that surviving family members suffered measurable losses as a result.
Who Can File a Wrongful Death Claim in Missouri?
Missouri law specifies a hierarchy of individuals who are eligible to file a wrongful death lawsuit. The law prioritizes immediate family members first. However, if no such relatives exist, more distant family members or court-appointed representatives may pursue the claim instead.
Primary Beneficiaries: Immediate Family Members
The first group eligible to file a wrongful death claim includes the following individuals in relation to the deceased person:
- Spouse
- Children, both biological and adopted
- Grandchildren
- Parents
If any of these parties survive the deceased, they have the exclusive right to bring the claim.
Secondary Beneficiaries: Siblings and Their Descendants
If the deceased party doesn’t have any spouses, children, grandchildren, or parents, Missouri law allows siblings or their descendants—such as nieces or nephews—to file the claim instead.
Court-Appointed Plaintiff
If no eligible family members exist, the court may appoint a “plaintiff ad litem” to file the wrongful death claim on behalf of those entitled to inherit from the deceased’s estate. This individual is typically a close relative or someone designated by the court.
Contact our Kansas city personal injury lawyers now.
Statute of Limitations for Wrongful Death Cases in Missouri
Missouri imposes a strict deadline for filing a wrongful death lawsuit. Under state laws, the statute of limitations for wrongful death cases is three years from the date of the deceased person’s death.
If a lawsuit is not filed within this 36-month timeframe, you could lose your right to seek compensation permanently following the expiration of the statute. There are some exceptions to this timeframe, which wrongful death attorneys in Lee’s Summit can help you understand.
Recoverable Damages in a Missouri Wrongful Death Claim
Missouri law allows surviving family members to seek compensation for both economic and non–economic losses associated with their loved one’s death. These damages are intended to ease the financial stress and emotional suffering following such an unexpected loss.
Economic Damages
These damages represent the financial impact of the death:
- Costs of hospital stays, surgeries, emergency care, and other treatments
- Reasonable expenses related to funeral arrangements, cremation, or burial
- Compensation for the deceased’s lost wages, future earnings, and retirement benefits
- Loss of household services such as childcare, maintenance, or caregiving
Non-Economic Damages
These damages are intended to account for the emotional and psychological toll of losing a loved one:
- Pain and suffering experienced by the deceased before their death
- Loss of companionship, guidance, and support for spouses, children, or parents
- Mental anguish and emotional distress suffered by surviving family members
Unlike some states that place a cap on the extent of wrongful death damages, Missouri does not impose a general limit on economic or non-economic damages in the majority of wrongful death claims. Lee’s Summit wrongful death lawyers can explain this to you in greater depth.
Reach Out to Our Wrongful Death Attorneys in Lee’s Summit Today for More Information
Wrongful death cases can be tough to get through, especially when you’re trying to figure out the legal system all by yourself. But no matter how overwhelming it feels, you don’t have to deal with everything alone.
With wrongful death attorneys in Lee’s Summit by your side, your lawyer can handle the legal side of things while you focus on what matters: healing from your loss and being there for your family and friends.
To find out how the team at Foster Wallace can help, give us a call as soon as possible. Once you reach out to us, we can review the circumstances surrounding your loved one’s passing and help you understand your options.
