Losing a family member in Missouri because of someone else’s carelessness is difficult in ways that are hard to put into words. Once the immediate shock has passed, questions about a Missouri wrongful death settlement often become a reality. There is no single number that applies to every case, since the value depends on the family’s financial losses, the circumstances of the death, and who is found responsible.
Missouri law sets specific rules for who can file a Missouri wrongful death claim, what damages are available, and how long a family has to act. At Cook, Barkett, Ponder & Wolz (CBPW Law), we handle these claims across Southeast Missouri, and this guide walks through the factors that shape what one is worth.
Key Takeaways:
- Missouri wrongful death settlements vary based on financial losses, the circumstances of the death, and available insurance coverage.
- Missouri law identifies specific family members who have the right to file a wrongful death claim, in a set order of priority.
- Damages can include both financial losses, such as lost income, and non-financial losses, such as loss of companionship.
- A Missouri circuit court must approve a wrongful death settlement and divide the proceeds among the family members entitled to share in them.
- Families generally have three years after the cause of action accrues, ordinarily the date of death, to file a Missouri wrongful death lawsuit.
What Factors Affect a Missouri Wrongful Death Settlement?
People searching for the average wrongful death settlement Missouri families receive may expect to find a standard dollar figure. A Missouri wrongful death settlement can be affected by many factors, and no single calculation applies to every family. Several categories of losses and circumstances may be weighed in determining damages under Missouri’s wrongful death statute.
Age and Life Expectancy
The age and expected working or earning life of the person who died can affect the financial losses associated with the death. Age is weighed alongside employment, income, future contributions, family responsibilities, and other evidence of what the person was likely to contribute over time.
We gather records to establish those losses rather than assuming current wages tell the entire story, including employment records, tax information, benefits, work history, and evidence of the person’s role within the household.
Income and Financial Contributions
Income is one part of evaluating the financial impact of a wrongful death, but it is not the only contribution a person may have made. A deceased spouse, parent, or other family member may also have provided household services, childcare, support, training, guidance, or other valuable assistance.
We look at the person’s broader contributions to the household and document them, so the claim reflects more than a single pay stub.
Family Relationships and Support
The relationship between the deceased person and surviving family members can affect the losses recognized under Missouri law. The reasonable value of services, consortium, companionship, comfort, instruction, guidance, counsel, training, and support lost because of the death may all be considered under RSMo § 537.090.
We collect the records and accounts that show what that role actually was, which matters most when a person’s contributions went beyond paid work.
Medical and Funeral Expenses
Expenses connected to the injury and death can form part of a wrongful death claim. Missouri law permits consideration of funeral expenses and allows recovery of damages the deceased suffered between the time of injury and death, when those damages could have been recovered had the person survived. Where the death followed a period of care, we account for the expenses and losses from that period as part of the same claim.
Circumstances Surrounding the Death
The circumstances around the death can affect the damages considered in a wrongful death action. Missouri law allows the trier of fact to consider mitigating or aggravating circumstances attending the death.
We examine what led to the death and the evidence behind it, including accident reports, photographs, video, witness accounts, medical records, engineering or reconstruction analysis where appropriate, and other records relevant to liability and damages.
Evidence of Liability
A case cannot be valued apart from the evidence of responsibility, because the available recovery can depend on whether that evidence establishes another party caused or contributed to the death.
We investigate the underlying incident rather than relying on the initial report, identifying witnesses, preserving evidence, and reviewing records before evaluating how those facts affect the claim.
Available Insurance and Other Sources of Recovery
Insurance coverage can affect the practical value of a wrongful death claim. Multiple policies or potentially responsible parties may exist, while some cases may involve limited coverage.
We review the available insurance information and investigate whether another person or entity may share legal responsibility for the death. That work identifies potential sources of recovery before a family has to evaluate any settlement proposal.
Damages Missouri Law Allows in a Wrongful Death Case
Understanding wrongful death compensation Missouri families may pursue starts with identifying the losses recognized under state law. Damages may include pecuniary losses, funeral expenses, the value of services and support, consortium, companionship, comfort, instruction, guidance, counsel, and training lost as a result of the death.
The statute also allows damages the deceased person suffered between the time of injury and death when those damages could have been recovered if death had not occurred. Missouri law specifically provides that damages for grief and bereavement by reason of the death are not recoverable.
This is different from simply adding medical bills and lost wages together. If you are also trying to understand how injury compensation is calculated, the key distinction is that a wrongful death claim considers losses suffered by the surviving persons entitled to bring the action, as well as certain damages suffered by the deceased before death.
Can a Catastrophic Injury Claim Become a Wrongful Death Case?
A catastrophic injury claim can become a wrongful death case when the injured person later dies from injuries caused by the same incident. Missouri law allows a wrongful death action when the death results from an act or occurrence that would have given the injured person a right to recover damages had death not occurred.
This means the work done on a catastrophic injury case before the person’s death stays relevant, including the expenses, the evidence of the original incident, and the losses sustained beforehand.
The distinction is important when evaluating catastrophic injury compensation because the legal issues can change after death. We determine which claim applies, identify the people who may have the right to bring the wrongful death action, preserve the evidence, and build the damages analysis around the facts.
Who Can File a Missouri Wrongful Death Claim?
Missouri law determines who may bring a wrongful death action and establishes an order of priority. Under RSMo § 537.080, the first class generally includes the surviving spouse, children, or surviving lineal descendants of deceased children, and the father or mother of the deceased.
If no person in that first class is entitled to bring the action, the statute provides for other potential plaintiffs, including certain siblings or their descendants. Missouri law also allows the appointment of a plaintiff ad litem, a person the court names to bring the claim on behalf of those entitled to share in the recovery when no qualifying family member exists in the earlier classes.
The proceeds of a wrongful death claim are not simply divided according to whatever arrangement the family chooses. Under RSMo § 537.095, a circuit court must approve the settlement and then apportion the proceeds among those entitled to share, in proportion to the losses each person suffered.
For families in this part of the state, that approval happens in the circuit court where the case is filed, such as the 32nd Judicial Circuit in Cape Girardeau County. Missouri also permits only one wrongful death action against any one defendant for the death of any one person, so a claim has to account for every family member’s loss the first time it is brought.
Missouri’s Special Rules for Children and Family Caregivers
Missouri law contains specific provisions for certain circumstances involving children and people who provide substantial care for family members. When the deceased was not employed full time but was at least 50 percent responsible for the care of minors, disabled persons, or people over age 65, the statute presumes, unless the evidence shows otherwise, that the value of that care equals 110 percent of the state average weekly wage.
When the deceased was under 18, the statute instead calculates the presumed annual pecuniary loss from the annual income of the deceased’s parents, averaging the two where both parents earned income.
We review the deceased person’s actual role in the family and apply the provisions that fit the facts, rather than using an income calculation that overlooks unpaid contributions.
Does Missouri Law Put a Cap on Wrongful Death Damages?
Missouri does not impose a general damages cap on ordinary wrongful death claims simply because they involve death. However, particular types of claims can be governed by separate statutes that impose different limitations.
Claims against health care providers arising from the rendering or failure to render health care services fall under RSMo § 538.210. That statute limits noneconomic damages only, and only in that category of case, so it should not be read as a general cap on wrongful death claims arising from car crashes, truck crashes, or other ordinary negligence.
The source of the claim, therefore, matters, and we identify what type of claim is involved and which statutes apply before discussing any limitation on damages.
Families should also be cautious about treating a statutory damages rule as a prediction of what a particular settlement will be. A legal limitation and the negotiated value of a case are separate questions.
FAQs: Missouri Wrongful Death Settlement
Here are answers to a few more questions families often ask about wrongful death claims in Missouri.
What should my family do first after a fatal accident?
Focus on your family’s immediate needs first, including funeral arrangements and support for one another. When you are ready, gathering documents like the death certificate, police report, and any insurance information helps move the legal process forward when the time is right.
How long do you have to file a Missouri wrongful death claim?
Missouri law generally requires a wrongful death claim to be filed within three years after the cause of action accrues, which is ordinarily the date of death. That deadline appears at RSMo 537.100, and it is shorter than the five-year window that applies to many standard personal injury claims. Missing it can permanently bar the family’s right to pursue compensation.
Can a Missouri wrongful death claim proceed if criminal charges were also filed?
A Missouri wrongful death claim is a separate civil matter from any criminal case linked to the death. The two proceedings follow different timelines and standards of proof, and a criminal conviction is not required for a civil claim to move forward.
Will my family have to go to trial?
Many wrongful death claims resolve through negotiation, but some require a court’s determination to reach a fair outcome. Because we prepare every case as if it may go to trial, your family is not left with fewer options if a fair settlement cannot be reached.
What if fatal crash data shows the road or intersection had a history of accidents?
Prior crash history at a location can sometimes support a claim against a government entity or property owner responsible for road conditions, though these cases involve additional legal requirements. Statewide crash data compiled by the Missouri State Highway Patrol can help establish those patterns for a well-supported claim.
Get a Clearer Picture of Your Missouri Wrongful Death Claim
J. Michael Ponder, Managing Partner
There is no single number that can accurately answer the question, “How much is a wrongful death case worth?” The meaningful answer comes from examining the circumstances of the death, the family’s losses, the evidence supporting liability, and the insurance or other sources of recovery available under Missouri law.
We are a Southeast Missouri trial firm with offices in Cape Girardeau, Sikeston, Bloomfield, and Poplar Bluff, and we handle wrongful death claims in the circuit courts across this region. We build these cases for trial from the first week, because what a claim is worth tends to follow the strength of the file behind it.
If your family has lost someone because of another person’s negligence, talk with a Cape Girardeau wrongful death lawyer at Cook, Barkett, Ponder & Wolz before responding to any insurance offer. Call for a free case evaluation at 573-335-6651.
Cook, Barkett, Ponder & Wolz
Cape Girardeau Office
1610 N. Kingshighway, Suite 201
Cape Girardeau, MO 63701
Offices also in Sikeston, Bloomfield, and Poplar Bluff
