Losing a family member because of someone else’s negligence is one of the most painful experiences imaginable. On top of grief, you may face mounting medical bills, funeral costs, and the loss of income your loved one provided. Missouri law gives surviving family members the right to seek compensation through a wrongful death claim, but the process can feel overwhelming when you are already struggling.

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 Is 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.

Who Can 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.

Common 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.

What Types of Damages 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.

Economic Damages

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

Non-Economic Damages

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

Punitive Damages

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.

How a Wrongful Death Lawsuit Works: Step by Step

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 Contingency Fees Work in Wrongful Death Cases

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.

Frequently Asked Questions About Missouri Wrongful Death Claims

Can I file a wrongful death lawsuit if criminal charges were not 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 the deceased was partially at fault for the accident?

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 wrongful death 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 Families in Springfield Trust Chad G. Mann

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.

Understanding Wrongful Death Claims in Missouri: A Family’s Guide