Losing a family member is a profound, life-altering experience. When that loss is caused by someone else’s negligence, the pain is often mixed with anger and confusion. On top of your grief, you might be facing a mountain of medical bills, funeral costs, and the sudden loss of income. It’s completely overwhelming. Missouri law offers a path forward for surviving family members to seek justice and financial stability through a wrongful death claim. While no amount of money can replace your loved one, this guide will help you understand the process and your rights.

Contact The Law Office of Chad G. Mann today at (417) 842-8679 for a free consultation about your wrongful death case. You pay nothing unless we recover compensation for your family.

This guide explains how wrongful death claims work in Missouri, who is eligible to file, what types of compensation your family may recover, and the deadlines you need to know. Attorney Chad G. Mann, who secured a $12 million wrongful death verdict (the 2nd largest judgment in Missouri for 2024), has the experience and dedication to fight for families in Springfield and across Southwest Missouri.

What Qualifies as a Wrongful Death Claim in Missouri?

A wrongful death claim is a civil lawsuit filed by surviving family members when a person dies because of another party’s negligence, recklessness, or intentional misconduct. Under Missouri Revised Statutes Section 537.080, if the deceased person would have been entitled to recover damages for their injuries had they survived, their family members can pursue that claim instead.

This is a civil action, not a criminal case. The standard of proof is “preponderance of the evidence,” which means your family must show it is more likely than not that the defendant’s conduct caused your loved one’s death. This is a lower standard than the “beyond a reasonable doubt” requirement in criminal proceedings, which means families can prevail in civil court even when criminal charges are not filed or result in acquittal.

A wrongful death claim is also different from a survival action. A survival action covers damages the deceased person experienced before death, such as pain and suffering or medical expenses between the injury and death. A wrongful death claim covers the losses that surviving family members suffer because of the death itself, including lost income, loss of companionship, and funeral expenses.

The History of Wrongful Death Laws

It might seem like common sense that a family should be able to seek justice if a loved one is killed by someone’s carelessness, but this right is actually a relatively modern concept. For centuries, the legal system operated under a harsh rule inherited from old English common law. This principle, often summarized by the Latin phrase actio personalis moritur cum persona, meant that a personal legal claim died along with the person. If someone was injured and later died, their right to sue the responsible party for damages simply vanished. This left grieving families with no legal path to recover the financial support they lost, a reality that created immense hardship and felt deeply unjust.

Thankfully, society began to recognize this gap in the law. Over time, legislatures started passing new laws, known as statutes, to correct this problem. These statutes created a new type of legal action—the wrongful death claim. This allowed specific surviving family members to file a lawsuit on their own behalf to recover for the losses they suffered due to their loved one’s death. This was a monumental change, shifting the focus from the deceased person’s extinguished claim to the very real and ongoing damages experienced by the family left behind. Every state in the U.S. now has some form of wrongful death statute, ensuring families have a way to seek accountability.

The Shift from Common Law to Modern Statutes

The transition away from the old common law rule was a slow but critical evolution in our legal system. Before these changes, the law effectively created a grim incentive: it was financially better for a negligent party if their victim died rather than survived with severe injuries, because a dead person couldn’t sue. Recognizing this flaw, lawmakers began to intervene. They created statutes that specifically overrode the common law, granting families the right to pursue a claim. This established that the responsibility of the wrongdoer didn’t just disappear upon the victim’s death. These laws ensure that families can seek compensation for lost income, companionship, and other damages.

The Influence of Lord Campbell’s Act

Many of the wrongful death laws in the United States, including the principles behind Missouri’s statutes, trace their origins back to a pivotal piece of British legislation from 1846. This law, officially called the Fatal Accidents Act but widely known as Lord Campbell’s Act, was the first to give families of those killed by negligence or misconduct the right to sue for damages. It served as a blueprint for legislatures across the world, establishing the fundamental idea that a person’s death should not erase the financial and emotional losses suffered by their dependents. This act laid the groundwork for the legal protections that families rely on today.

Wrongful Death Claims vs. Criminal Cases

One of the most important things to understand is that a wrongful death claim is a civil lawsuit, not a criminal case. The two processes are entirely separate, have different goals, and operate under different rules. When the state brings criminal charges—like manslaughter or homicide—the goal is to punish the offender for breaking a law, with potential penalties including fines or imprisonment. The case is brought by a prosecutor on behalf of the state. A wrongful death claim, on the other hand, is a private lawsuit filed by the victim’s family members. The goal isn’t to secure a criminal conviction but to obtain financial compensation for the family’s losses. An experienced personal injury attorney handles this civil action to help the family recover damages for things like lost income, funeral expenses, and loss of companionship.

Because these two types of cases are independent, the outcome of one doesn’t legally control the other. It’s entirely possible for a person to be acquitted (found not guilty) in a criminal trial but still be found liable for damages in a civil wrongful death lawsuit. This is because the two systems have different standards of proof. A family can pursue a civil claim regardless of whether criminal charges are ever filed. The civil justice system provides a separate and distinct path for families to seek accountability and financial stability after a devastating loss, focusing entirely on the harm done to the survivors.

Understanding Different Standards of Proof

The reason a person can be found not guilty in criminal court but liable in civil court comes down to the “standard of proof.” In a criminal case, the prosecution must prove the defendant’s guilt “beyond a reasonable doubt.” This is the highest standard in the legal system, meaning the evidence must be so convincing that there is no other logical explanation for the facts except that the defendant committed the crime. It requires a near-certainty of guilt. This high bar is set to protect the accused from the severe consequences of a criminal conviction, like losing their liberty.

In a civil case like a wrongful death claim, the standard is much lower: a “preponderance of the evidence.” This means your attorney only needs to show that it is more likely than not (think 50.1% likely) that the defendant’s negligence caused your loved one’s death. You don’t have to eliminate all other possibilities; you just have to present a more convincing case than the other side. This difference is why families can successfully secure compensation in a civil lawsuit even when a criminal prosecution fails or never happens.

Can Your Family File a Wrongful Death Lawsuit in Missouri?

Missouri law uses a class system to determine who has standing to file a wrongful death lawsuit. Not everyone related to the deceased can file. The statute organizes eligible parties into three priority classes under RSMo 537.080:

Class 1: Spouse, children, or grandchildren. The surviving spouse, biological or adopted children, and lineal descendants of deceased children (grandchildren) have first priority. The deceased’s father or mother may also join in a Class 1 action. This is the most common group to bring a wrongful death claim.

Class 2: Siblings or their descendants. If no Class 1 members exist or are able to bring the action, the deceased’s brothers or sisters (or their descendants) may file the lawsuit.

Class 3: Court-appointed plaintiff ad litem. If no Class 1 or Class 2 members are available, the court can appoint a representative to bring the action on behalf of those entitled to share in any recovery.

Only one wrongful death action may be filed against any single defendant for one death. If you believe you have standing to file, speaking with a qualified personal injury lawyer early in the process helps protect your family’s rights and prevents conflicts between potential claimants.

Clarifying Who Is Eligible to File

Think of Missouri’s class system as a strict line of priority. The law gives the first right to file a wrongful death claim exclusively to the people in the highest-ranking class with living members. For instance, if the person who passed away has a surviving spouse or child (Class 1), their siblings (Class 2) cannot bring a lawsuit. This structure is designed to create an orderly legal process and prioritize those who were most directly dependent on the deceased, both financially and emotionally. The law also recognizes close family bonds by including both biological and adopted children in Class 1, and by allowing the deceased’s parents to join the action. This system ultimately prevents conflicting lawsuits and provides a clear path for seeking justice.

Special Considerations for Family Members

One of the most challenging rules is that all eligible family members must join together in a single claim. This can be difficult when relatives are grieving, living far apart, or disagree on how to move forward. An attorney experienced in these personal injury cases can be essential for coordinating with everyone to present a unified front. If no one from Class 1 or 2 is available, the court appoints a “plaintiff ad litem”—a neutral representative who files the lawsuit for everyone entitled to compensation. It’s also important to know that Missouri law doesn’t currently allow unmarried partners to file a wrongful death claim, a painful reality for many. Because these rules are so specific, getting clear guidance on your family’s rights is a crucial first step.

Leading Causes of Wrongful Death in Springfield

Wrongful death claims in the Springfield area arise from many different types of incidents. Some of the most common causes include:

Motor vehicle accidents: Car crashes, truck accidents, motorcycle collisions, and distracted or impaired driving are leading causes of wrongful death in Missouri. Multi-vehicle crashes on Interstate 44 and Highway 65 near Springfield are particularly dangerous.
Medical malpractice: Surgical errors, misdiagnosis, medication mistakes, and failure to treat can result in patient death. Hospitals, clinics, and individual healthcare providers may be held liable.
Workplace accidents: Falls from heights, equipment malfunctions, electrocution, and exposure to hazardous materials can cause fatal injuries on construction sites, manufacturing plants, and other workplaces.
Nursing home neglect: Malnutrition, dehydration, untreated infections, and fall injuries in nursing homes or assisted living facilities can lead to preventable deaths among elderly residents.
Premises liability: Property owners who fail to maintain safe conditions can be held responsible when visitors suffer fatal injuries from falls, structural collapse, or other hazards.
Defective products: Manufacturers, distributors, and retailers may be liable when a faulty product (vehicles, machinery, medications, consumer goods) causes a fatal injury.

Regardless of how the death occurred, the central legal question is whether someone else’s negligence or misconduct caused it. If so, your family may have grounds for a wrongful death claim.

Schedule a free consultation with Chad G. Mann to discuss the circumstances of your loved one’s death. Call (417) 842-8679.

Claims Arising from Intentional Emotional Harm

When you lose a loved one, the emotional toll is often the heaviest burden. In a Missouri wrongful death case, you can seek compensation for this profound emotional harm. This isn’t just about sadness; it covers the severe grief, anxiety, depression, and loss of companionship that families endure. While Missouri law also accounts for tangible losses like lost wages, it acknowledges the devastating psychological impact of a wrongful death. Proving the extent of this emotional distress is a critical part of your claim and often involves showing how the loss has fundamentally altered your life. An experienced attorney can help you document and articulate this intangible, yet very real, suffering to ensure it is properly valued as part of your case.

What Compensation Can Your Family Recover?

Missouri’s wrongful death statute (RSMo 537.090) allows surviving family members to recover several categories of compensation. The specific damages depend on the relationship to the deceased, the circumstances of the death, and the financial impact on the family.

Recovering Financial Losses

Economic damages cover the measurable financial losses your family experiences because of the death. These include:

Lost future income: The wages, salary, benefits, and earning potential the deceased would have provided over their remaining working life
Medical expenses: Bills for emergency treatment, hospitalization, and care the deceased received between the injury and death
Funeral and burial costs: Expenses for funeral services, burial or cremation, and related costs
Loss of financial support: The monetary contributions the deceased made to the household, including mortgage payments, insurance, childcare, and daily living expenses

How Economic Damages Are Calculated

Calculating economic damages involves more than just adding up bills. While costs like medical treatment and funeral expenses are determined by reviewing invoices and receipts, calculating lost future income is much more complex. It requires projecting what the deceased would have earned over their lifetime. This calculation considers their age, health, occupation, salary, and potential for raises or promotions. To present a complete picture, attorneys often work with forensic economists who analyze these factors and discount the total future earnings to their present-day value. This expert analysis ensures your family seeks fair compensation for the full financial support you have lost, including the value of lost benefits like health insurance and retirement contributions.

Compensation for Pain and Suffering

Non-economic damages compensate for losses that do not have a specific dollar amount but are no less real:

Loss of companionship and consortium: The emotional bond, love, comfort, and intimate relationship a spouse or family member has lost
Loss of parental guidance: The care, guidance, mentorship, and nurturing that children have lost
Mental anguish and grief: The emotional suffering, sorrow, and psychological impact of losing a family member
Loss of services: The value of household tasks, childcare, home maintenance, and other contributions the deceased provided

Damages for the Deceased’s Pre-Death Suffering

Beyond the losses your family endures, Missouri law also recognizes the suffering your loved one experienced in the time between their injury and their passing. This is a separate but equally important part of a wrongful death case. A survival action allows the estate to seek compensation for the conscious pain and suffering the deceased endured, as well as the medical expenses that piled up before their death. Essentially, if your loved one had survived, they would have had a personal injury claim for their suffering. A survival action ensures that claim doesn’t just disappear because they tragically did not.

Understanding Survival Actions

A survival action is a legal tool that allows the deceased’s estate to pursue the claim the person would have had if they had lived. It’s called a “survival” action because the right to sue “survives” the person’s death. This is crucial because it addresses the personal injustice done to the victim themselves, separate from the grief and loss felt by the family. Under Missouri law, this action ensures that a defendant cannot escape liability for the pain they caused just because the victim did not survive their injuries. Pursuing these damages is a way to hold the responsible party fully accountable for every aspect of the harm they caused.

Holding Negligent Parties Accountable

When the defendant’s conduct was willful, wanton, or grossly negligent, Missouri courts may award punitive damages on top of compensatory damages. Punitive damages are intended to punish the wrongdoer and discourage similar behavior. Under RSMo 510.265, punitive damages in Missouri are capped at the greater of $500,000 or five times the net compensatory damages awarded.

Missouri does not cap economic or non-economic damages in wrongful death cases. This means there is no arbitrary limit on the compensation your family can receive for lost income, medical bills, or pain and suffering.

How Long Do You Have to File a Wrongful Death Claim in Missouri?

Under Missouri Revised Statutes Section 537.100, the statute of limitations for a wrongful death claim is three years from the date of the person’s death. If you do not file a lawsuit within this three-year window, the court will almost certainly dismiss your case, and your family will lose the right to seek compensation.

There are limited exceptions that may extend this deadline:

Defendant absence from Missouri: If the at-fault party leaves the state or cannot be served with process in Missouri, the time they are absent does not count toward the three-year limit
Nonsuit or reversed judgment: If a wrongful death action is filed within the deadline but is later dismissed (nonsuit) or a judgment is reversed on appeal, the family has one additional year to refile

Even though the law allows three years, waiting can hurt your case. Witnesses’ memories fade, physical evidence deteriorates, and surveillance footage may be deleted. Insurance companies also begin building their defense immediately after a death occurs. The sooner you consult with an experienced injury attorney, the stronger your case will be.

What Is the Average Wrongful Death Settlement in Missouri?

There is no single answer to this question because every case is different. Settlement and verdict amounts depend on the deceased person’s age, earning capacity, family situation, the severity of the defendant’s misconduct, and the strength of the evidence.

Statewide data suggests that Missouri wrongful death settlements average around $950,000, but outcomes range widely. Some cases settle for less than $500,000, while others involving corporate negligence, extreme recklessness, or multiple defendants result in multi-million-dollar verdicts. Chad G. Mann’s $12 million wrongful death verdict in 2024 shows what is possible when a case is prepared thoroughly and taken to trial.

Several factors influence the value of a wrongful death case:

The deceased’s age and income: Younger victims with higher earning potential typically have larger economic damage calculations
Number of dependents: A parent supporting multiple children may generate a higher claim than someone without dependents
Strength of liability evidence: Clear proof of negligence or recklessness strengthens the claim and puts your family in a better position during settlement talks
Availability of insurance: The defendant’s insurance coverage and personal assets affect what can realistically be recovered
Punitive damage potential: Cases involving drunk driving, willful safety violations, or cover-ups may qualify for punitive damages

An experienced insurance claim lawyer can evaluate your case and provide a realistic estimate based on the specific facts.

Practical First Steps for Families

While you are grieving, there are a few immediate legal and administrative tasks that can protect your family’s rights. Taking these steps early can make a significant difference in a future wrongful death claim. It can feel like the last thing you want to do, but these actions create the foundation for holding the responsible party accountable.

Establishing a Legal Estate

Before your family can receive any compensation from a wrongful death claim, a legal estate must be opened in your loved one’s name. This is a formal process that establishes a legal entity to handle their affairs. Any money recovered from a settlement or verdict is typically paid to this estate first. From there, the funds are distributed to the rightful beneficiaries, such as a spouse or children, according to the deceased’s will or Missouri law. Setting up an estate is a critical administrative step that ensures any financial recovery is managed properly. An attorney can guide you through the necessary court filings and help you understand the different practice areas involved in this process.

Requesting an Autopsy to Determine Cause of Death

If there is any question about what caused your loved one’s death, requesting a private autopsy is a crucial step. To win a wrongful death lawsuit, you must prove that the defendant’s negligence directly caused the death. An official autopsy report is often the strongest and most direct evidence you can have to establish this link. While the thought of an autopsy can be emotionally difficult, it provides a clear, medical explanation that can counter claims from an insurance company or defense attorney. This medical certainty can become the cornerstone of your case, providing the proof needed to secure justice for your family.

What to Expect During a Wrongful Death Lawsuit

Understanding the legal process can reduce uncertainty during an already difficult time. Here is how a wrongful death lawsuit typically proceeds in Missouri:

Free consultation: You meet with an attorney who reviews the facts, identifies potential defendants, and evaluates whether you have a viable claim. At The Law Office of Chad G. Mann, this initial meeting is always free and carries no obligation.
Investigation: Your attorney gathers evidence, including police reports, medical records, witness statements, expert opinions, and any available surveillance footage. This investigation phase is critical for building a strong case.
Filing the lawsuit: Your attorney files a petition in the appropriate Missouri circuit court (typically Greene County for Springfield-area cases) before the three-year statute of limitations expires.
Discovery: Both sides exchange documents, take depositions, and retain expert witnesses. Discovery can last several months and often reveals information that strengthens your case.
Negotiation and mediation: Most wrongful death cases settle before trial. Your attorney negotiates with the defendant’s insurance company to reach a fair settlement. If the offer is not adequate, mediation with a neutral third party may help.
Trial: If a fair settlement cannot be reached, the case goes to trial before a jury. A Springfield wrongful death attorney with trial experience, like Chad G. Mann, knows how to present your family’s story effectively to a local jury.
Resolution and distribution: Once compensation is recovered (through settlement or verdict), the proceeds are distributed among eligible family members, and your attorney’s contingency fee is deducted.

How Do You Pay for a Wrongful Death Lawyer?

Many families worry about the cost of hiring a lawyer after losing a loved one. Wrongful death attorneys in Missouri work on a contingency fee basis, which means you pay no upfront costs and owe no attorney fees unless your case is successful.

At The Law Office of Chad G. Mann, the contingency fee is capped at 30%, which is lower than the 33% to 40% that many other personal injury firms charge. The firm also advances all case costs, including court filing fees, medical record requests, expert witness fees, and investigation expenses. You are never asked to pay out of pocket while your case is pending.

This arrangement ensures that every family has access to quality legal representation regardless of their financial situation. You can focus on healing while your attorney handles the legal work.

Call (417) 842-8679 for a free, no-obligation consultation with attorney Chad G. Mann. There is no cost to discuss your family’s wrongful death case.

A Breakdown of Lawsuit Expenses

The contingency fee model means you don’t pay attorney fees unless you win, but what about the other costs of a lawsuit? Pursuing a wrongful death claim involves direct expenses for evidence gathering and court proceedings. These costs can add up quickly, which is why our firm advances them on your behalf. You won’t see a bill for these items while your case is active. This allows your legal team to build the strongest case possible without financial constraints. Understanding what these expenses cover can give you a clearer picture of the resources required to fight for the justice your family deserves.

Court and Filing Fees

The first expense in any lawsuit is the court filing fee, which is the cost to officially open your case with the court system. In Missouri, this initial fee typically ranges from $200 to $500, depending on the specific court and the nature of the claim. While this might seem straightforward, it’s just the beginning. Throughout the legal process, additional fees arise for filing various motions, requesting a jury, or issuing subpoenas to witnesses. Each document filed with the court clerk comes with a price tag. These costs are a necessary part of the formal legal process, and they are all covered by the case expenses we advance for our clients.

Expert Witness Costs

In many wrongful death cases, expert testimony is essential to prove negligence. These are highly qualified professionals who can explain complex issues to a jury. For example, an accident reconstructionist can show how a car crash occurred, a medical expert can connect an injury to the cause of death, and an economist can calculate your family’s total financial loss. Experts charge for their time, which can be hundreds or even thousands of dollars per hour. Their analysis, reports, and trial testimony are often the most critical—and most expensive—part of building a successful claim, making their involvement invaluable.

Discovery and Deposition Fees

The discovery phase is where we gather the evidence needed to prove your case. This involves collecting police reports, medical records, and other official documents, each of which may have a processing fee. A major part of discovery is taking depositions, which are formal, sworn interviews with witnesses, defendants, and experts. Every deposition must be recorded by a court reporter, who then creates a written transcript. The cost for a court reporter and the transcript can easily run into hundreds or thousands of dollars, depending on the length of the testimony. These depositions are crucial for locking in witness stories and preparing for trial.

Trial Preparation Costs

If your case proceeds to trial, a new set of expenses emerges. Preparing to present your family’s story to a jury requires significant resources. Costs can include jury fees, creating visual aids like charts or digital animations to explain key evidence, and renting special equipment for the courtroom. If key witnesses or experts live out of state, we must also cover their travel and lodging expenses to ensure they can testify in person. These trial costs can escalate quickly, which is why having a firm with the resources to see a case through to a verdict is so important. If you have questions about these potential costs, we can discuss them during a free consultation.

Frequently Asked Questions About Missouri Wrongful Death Claims

Can I file a lawsuit if no criminal charges were filed?

Yes. A wrongful death lawsuit is a civil action separate from any criminal proceedings. The civil standard of proof (preponderance of the evidence) is lower than the criminal standard (beyond a reasonable doubt). Families have successfully recovered compensation even when prosecutors decided not to file charges or when a criminal case ended in acquittal.

What if my loved one was partially at fault?

Missouri follows a pure comparative fault system. This means the deceased’s share of fault reduces the amount of damages recoverable but does not prevent a claim entirely. For example, if a jury finds the deceased was 20% at fault, the family’s award would be reduced by 20%. Even in cases where the deceased bore significant responsibility, recovery is still possible.

How long does a wrongful death case take to resolve?

Most wrongful death cases in Missouri take between 12 and 24 months from filing to resolution. Cases that settle during negotiation may conclude sooner, while complex cases involving multiple defendants or corporate negligence can take longer. About 95% of personal injury cases settle before trial.

Can parents file a claim for an adult child?

Yes. Under Missouri’s class system, parents (natural or adoptive) are included in Class 1 alongside the spouse and children of the deceased. If the adult child had no surviving spouse or children, the parents may bring the action as the primary Class 1 claimants.

Is there a cap on wrongful death damages in Missouri?

Missouri does not cap economic or non-economic damages in wrongful death cases. Punitive damages are capped at the greater of $500,000 or five times the net compensatory damages (RSMo 510.265). This means families can recover the full value of their losses without an arbitrary ceiling on most categories of compensation.

Why Springfield Families Trust Our Firm

Choosing a wrongful death attorney is one of the most important decisions your family will make after losing a loved one. Here is what sets The Law Office of Chad G. Mann apart:

Proven results: Attorney Mann secured a $12 million wrongful death verdict, the 2nd largest judgment in Missouri for 2024. This level of success comes from thorough preparation and a willingness to take cases to trial when necessary.
Insurance insider knowledge: Before founding his firm, Chad Mann worked directly with major national insurance companies. He understands how insurers evaluate claims, set reserves, and develop defense strategies. He uses this knowledge to fight back on behalf of families.
Personal attention: As a solo practitioner, Chad Mann personally handles every case. You will never be passed off to a paralegal or junior associate. You speak directly with your attorney from the first consultation through the final resolution.
Lower fees: The firm’s 30% contingency fee cap saves families money compared to the 33-40% charged by many competitors.
Recognized excellence: Chad Mann has been named a Super Lawyers Rising Star (2024-2025), an honor given to only 2.5% of attorneys under 40, and received the American Institute of Personal Injury Attorneys’ Top 10 Best for Client Service award.

If your family has lost someone because of another party’s negligence, you do not have to face the legal process alone. Contact The Law Office of Chad G. Mann at (417) 842-8679 for a free consultation. We serve families throughout Springfield, Ozark, Nixa, Republic, Branson, and all of Southwest Missouri.

Key Takeaways

Understand who is eligible to file: Missouri law uses a strict class system to determine who can file a wrongful death claim, giving first priority to the surviving spouse, children, and parents. This structure creates an orderly process for seeking justice.
Compensation includes both economic and emotional damages: Your family can seek recovery for measurable financial losses like lost income and funeral costs, as well as for intangible suffering like the loss of companionship and guidance. Missouri does not cap these types of damages.
Act within the three-year deadline and pay no upfront fees: You have three years from the date of death to file a lawsuit. Personal injury attorneys work on a contingency fee basis, meaning you only pay legal fees if you successfully recover compensation.

A Guide to Your Wrongful Death Claim in Missouri