Contact UsTwo Pershing Square 2300 Main Street, Suite 170 Kansas City MO 64108
Two Pershing Square
2300 Main Street, Suite 170
Kansas City, MO 64108
In Missouri, a wrongful death is defined as: “the death of a person result[ing] from any act, conduct, occurrence, transaction, or circumstance which, if death had not ensued, would have entitled such person to recover damages in respect thereof.” (Missouri Statutes section 537.080) When the death of a loved one is due to a wrongful or negligent act by another, you may have a wrongful death claim.
In plain English that means, someone (a person) causes the death of another through negligent or intentional actions. In such a case, the survivors of the deceased may be able to file a wrongful death claim.
What can result in a wrongful death?
Missouri has specific rules regarding who may bring a wrongful death clam. and they fall into three categories (ranked in priority order):
A plaintiff may only sue under the second (or third) category if no one can fulfill the first (or second) category.
Read more about who can file a wrongful death lawsuit.
Damages can cover a wide range of losses; however, common types of losses for a wrongful death claim include:
Missouri has a time limit on the filing of a wrongful death claim, which is three years from the date of the decedent’s death. If filed after that date, the court will likely not hear your case. Seeking the advice of a wrongful death attorney can help you navigate the complexities and ensure you file within the statute of limits. With the help of a personal injury lawyer the odds of a successful outcome increase.
Contact the capable counsel at Nash & Franciskato. One of our experienced staff will speak with you personally and will provide you with a free, no-obligation case evaluation.
If you would like to receive news and blog updates on a regular basis, sign up to receive our email newsletter. Your email address will only be used to send you our newsletter and respond to inquiries.
Past results afford no guarantee of future results and each case is different and is judged on its own merits. The choice of a lawyer is an important decision and should not be based solely upon advertisements.
Editor’s Note: This post was originally published April 10, 2020. It was reviewed on September 27, 2023, and updated for content and accuracy.