Kansas City Wrongful Death Attorneys

Filing a Wrongful Death Claim in Missouri

When a person dies due to the negligent or wrongful act of another person or party, members of the victim’s family have the right to seek monetary damages in a civil lawsuit for wrongful death. However, there are certain limitations that have been placed on wrongful death lawsuits in Missouri and in other states in the U.S.

If your loved one was tragically killed in an accident or after sustaining injuries caused by someone else’s negligent or wrongful conduct, we at Shamberg, Johnson & Bergman, Chtd. offer our sincerest condolences. We are here to help you seek justice and fair financial compensation for the unexpected challenges you have been forced to face. While no amount of monetary recovery can truly compensate you for what you and your family have endured, a successful wrongful death claim can provide you with the resources and justice you need to heal.

To learn more, please contact us at (816) 542-5999. Your initial consultation is completely free and confidential, and we do not collect any attorneys’ fees unless we win your case.

What is Wrongful Death?

A wrongful death occurs when an individual loses their life due to another party’s negligent, careless, or intentional actions. While no dollar amount can ever replace a loved one, Missouri law provides a civil remedy that allows surviving family members to recover financial compensation for their losses.

Common incidents that may lead to a wrongful death claim include:

• Medical Malpractice
• Car Accidents
• Workplace Accidents
• Product Liability
• Premises Liability
• Nursing Home Abuse and Neglect
• Criminal Acts
• Recreational Accidents
• Dangerous Drugs and Pharmaceuticals
• Dangerous or Reckless Behavior
• Occupational Hazards
• Environmental Factors

Missouri Wrongful Death Laws

Wrongful death in Missouri is governed by Missouri Revised Statutes § 537.080–537.090, which outlines who can file a lawsuit, what damages can be recovered, and how claims should proceed.

Key highlights of Missouri wrongful death laws include:

Statute of Limitations

In Missouri, families typically have three years from the date of death to file a wrongful death lawsuit. Failing to file within this timeframe may eliminate your right to pursue compensation.

Eligible Damages

Missouri allows compensation for both economic and non-economic losses, including medical expenses, funeral costs, lost wages, and loss of companionship.

Pain and Suffering of the Deceased

Missouri also allows recovery for the deceased’s pain and suffering between injury and death, as well as the value of services the deceased would have provided to the family.

Navigating Missouri’s wrongful death statutes can be complex. Working with an experienced Kansas City wrongful death lawyer ensures your claim is handled properly and your rights are fully protected.

Who Can File a Wrongful Death Lawsuit?

Missouri law outlines a specific order of priority for who may bring forth a wrongful death claim.

Class 1 – Immediate Family

The first group entitled to file includes:

• Spouse
• Children (including adopted children)
• Grandchildren (if the deceased’s children are also deceased)
• Parents

If any Class 1 members exist, they have the exclusive right to file.

Class 2 – Siblings

If there are no surviving Class 1 family members, the deceased’s siblings or their descendants may file the claim.

Class 3 – Plaintiff Ad Litem

If no eligible Class 1 or Class 2 relatives exist, the court may appoint a plaintiff ad litem, usually a close relative, to pursue the claim on behalf of the estate.

An attorney can help determine who is legally eligible to bring the claim and represent the family’s interests throughout the process.

Proving Negligence in a Wrongful Death Claim

To establish a successful wrongful death case in Missouri, you must prove that another party’s negligence or wrongful conduct directly caused your loved one’s death. This typically involves demonstrating four key elements:

1. Duty of Care: The responsible party owed a legal duty to the deceased. For example, drivers have a duty to operate vehicles safely.
2. Breach of Duty: The defendant violated that duty through negligent or reckless behavior.
3. Causation: This breach directly caused the accident or incident that led to death.
4. Damages: The death resulted in financial, emotional, and personal losses.

Proving these elements may require evidence such as accident reports, witness statements, expert testimony, medical records, and more. Our Kansas City wrongful death attorney will gather, analyze, and present this evidence to build the strongest case possible.

Compensation for Wrongful Death

A wrongful death lawsuit is meant to provide financial relief to surviving family members and compensate for the losses caused by the untimely passing of their loved one. Compensation may include:

Economic Damages

• Funeral and burial expenses
• Medical bills before death
• Loss of household income and benefits
• Loss of services (childcare, home maintenance, etc.)

Non-Economic Damages

• Loss of companionship, guidance, and support
• Emotional suffering and grief
• Loss of consortium (for spouses)

Value of Care and Support

Missouri allows families to recover the value of care the deceased would have provided, even if that care was not tied to employment income.

Punitive Damages

In cases involving extreme negligence or intentional wrongdoing, punitive damages may be awarded to punish the wrongdoer and deter similar conduct.

Our firm will ensure all eligible damages are properly identified, calculated, and pursued aggressively on your behalf.

Wrongful Death FAQs

How long do I have to file a wrongful death lawsuit in Missouri?

Most claims must be filed within three years from the date of death.

How much does it cost to hire a wrongful death lawyer?

At Shamberg, Johnson & Bergman, we work on a contingency fee basis — meaning you pay nothing unless we win your case.

Do I have to go to court?

Many wrongful death claims settle outside of court. However, if the insurance company refuses to offer a fair settlement, we are fully prepared to take your case to trial.

Can multiple family members share the compensation?

Yes. Missouri law allows the court to divide compensation among eligible beneficiaries.

What if my loved one was partially at fault?

Missouri follows a pure comparative fault system, meaning compensation may still be available even if the deceased was partially responsible.

Get in touch with us today by calling (816) 542-5999 or by contacting our Kansas City wrongful death lawyer online using our request form.

Helpful Resources 

• The official website of the City of Kansas City, Missouri, offers resources and information for residents and visitors, including legal services and support.
• The Kansas City, Missouri Law Department website provides information on legal services, including wrongful death claims and legal resources for residents in Kansas City.