When someone you love is killed because of another person's negligence, no outcome fully repairs the loss — but holding the responsible party accountable matters. Bur Oak Injury Law represents families in Columbia and across central Missouri who are navigating personal injury and wrongful death claims under Missouri law. Chris Miller handles every case personally, with no handoffs to associates. Free consultation. No fee unless we win.
Statute of limitations for wrongful death in Missouri — §537.100 RSMo
§537.080
Missouri statute governing who may file a wrongful death claim
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Lawsuit allowed per victim — all family members must be joined in a single case
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Upfront cost — contingency fee only; no fee unless compensation is recovered
Why representation matters
Why you need a Columbia wrongful death attorney
When a victim's death occurs because of someone else's negligence, a wrongful death attorney helps the family seek justice while avoiding mistakes that can permanently damage the claim. Missouri wrongful death law is precise about who may file, when they must file, and how compensation is distributed — and a misstep at any stage can cost the family everything.
Chris Miller has represented seriously injured Missourians and their families throughout his legal career. Before entering private practice, he worked inside Missouri's government legal system — experience that gives him a clear-eyed understanding of how the process works from both sides. He personally handles every case; there are no associates or paralegals managing your file.
Maximum compensation recovery
Missouri wrongful death damages cover medical bills, funeral expenses, lost wages, lost benefits, loss of companionship, and more. An experienced attorney knows how to calculate the full, long-term value of the family's loss — not just the immediate costs.
Complex legal navigation
Missouri §537.080 RSMo specifies exactly who may file and when. Only certain individuals — surviving spouse, children, grandchildren, parents — are eligible. An attorney ensures the claim is filed correctly and on time so the family's rights are protected.
Evidence preservation
Physical evidence disappears, surveillance video is overwritten, and witnesses become harder to find. Prompt legal action — including spoliation letters to preserve electronic and physical evidence — is essential in wrongful death cases.
Accountability
A wrongful death lawsuit forces the responsible party — whether a driver, hospital, employer, or manufacturer — to confront the consequences of their actions. Beyond compensation, accountability can drive safety improvements that protect others.
Trial-ready advocacy
Insurers settle faster when they know the opposing attorney prepares every case for trial. Chris Miller presents a complete demand package from the start, backed by expert witnesses and thorough investigation, so the family's position is always strong.
Family focus
Legal representation allows grieving families to focus on healing while the attorney handles insurance companies, investigation, court filings, and negotiations. One point of contact, direct access to the attorney — not a case manager.
Types of cases
Types of wrongful death cases we handle in Columbia, Missouri
Bur Oak Injury Law represents families after preventable deaths caused by a wide range of negligent acts across central Missouri.
Fatal motor vehicle accidents
Fatal traffic crashes are among the most common basis for wrongful death claims in Columbia. We represent families after car accidents on I-70, US-63, Route 740, and Boone County roads when driver negligence — speeding, distracted driving, impaired driving, failure to yield — causes a person's death. Commercial truck accidents require separate investigation of federal safety regulations, carrier policies, and electronic data. We also handle fatal car accident wrongful death claims and fatal motorcycle accident wrongful death claims throughout central Missouri.
Medical malpractice deaths
Medical malpractice wrongful death cases may involve hospital negligence at Columbia-area facilities, surgical errors, misdiagnosis, medication errors, treatment delays, or failure to monitor a patient. These cases require medical specialists to establish how the negligent care caused the death. Note: Missouri caps non-economic damages for medical malpractice wrongful death claims at approximately $700,000; economic damages remain uncapped.
Workplace fatalities
Workplace deaths may arise from construction accidents in Columbia's growing development areas, industrial accidents, equipment failures, unsafe job sites, or workplace violence. Depending on the circumstances, claims may run against employers, contractors, equipment manufacturers, or property owners. Workers' compensation and a separate wrongful death lawsuit are not mutually exclusive in all cases — our firm evaluates both avenues.
Premises liability deaths
Unsafe property conditions — inadequate security, dangerous stairwells, swimming pool accidents, negligent maintenance — can form the basis of a wrongful death claim against a property owner or manager. Missouri premises liability law imposes different standards depending on the victim's status as an invitee, licensee, or trespasser.
What families can recover
Missouri wrongful death compensation: what families can recover
Missouri law provides specific categories of compensation for surviving family members. The full value of a wrongful death claim depends on the victim's age, income, life expectancy, relationship to the survivors, and the circumstances of the death.
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Funeral and burial expenses
Funeral, burial, memorial, and related death-care costs are recoverable in a wrongful death claim.
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Lost future earnings and benefits
Compensation includes income the deceased would have earned over a working lifetime, plus health insurance, pension, retirement, and other employment benefits. If the deceased provided unpaid household services or care, Missouri law presumes a minimum value equal to 110% of the state average weekly wage.
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Pre-death medical expenses
Medical costs incurred from the time of injury through the victim's death — ambulance, emergency treatment, hospitalization, surgery — are recoverable as economic damages.
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Loss of companionship, comfort, and guidance
Non-economic damages for the loss of the relationship — companionship, comfort, counsel, training, and support — are available to eligible family members. Missouri does not cap these damages in non-malpractice wrongful death cases.
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Pain and suffering before death
If the victim was conscious and experienced pain before dying, those damages may be pursued as part of the wrongful death claim or a separate survival action depending on the circumstances.
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Punitive damages
When the evidence shows egregious negligence or reckless disregard for others' safety — a drunk driver, a company that knowingly concealed a hazard — Missouri courts may award punitive damages to punish the misconduct and deter future harm.
Filing rules
Who may file a wrongful death claim in Missouri
Missouri §537.080 RSMo defines the eligible parties precisely. The first group entitled to file includes the surviving spouse, children, grandchildren, and parents of the deceased. If none of those relatives survive the victim, siblings or their descendants may file. In rare situations where no qualifying relatives are available, the court may appoint a plaintiff to pursue the claim on behalf of those legally entitled to compensation. Only one wrongful death lawsuit may be filed per victim — if multiple family members wish to pursue compensation, their claims must be brought together in a single action, and the court oversees distribution of any recovery among eligible parties.
Missouri wrongful death statute of limitations
Under §537.100 RSMo, a wrongful death lawsuit must be filed within three years from the date of the victim's death. Missing this wrongful death statute of limitations deadline typically bars the family from pursuing any compensation, regardless of how clear the liability may be. Some specialized situations — particularly medical malpractice deaths — involve additional timing rules that can shorten the window available to act. Contacting an attorney promptly after a loved one's death is always the right call: evidence disappears, witnesses move on, and insurers begin building their defenses the moment a death occurs. The sooner Bur Oak Injury Law is involved, the stronger the family's position will be.
Our process
Our wrongful death legal process
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Free case evaluation
We begin with a free consultation to review how the death occurred, who may be responsible, and whether the facts support a wrongful death lawsuit under Missouri law. We explain your legal options clearly and answer every question — no obligation, no pressure.
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Investigation and evidence gathering
We gather medical records, police reports, crash reports, witness statements, employment records, and insurance information. When needed, we retain accident reconstruction experts, medical specialists, workplace safety experts, and financial professionals to build the strongest possible case.
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Legal filing and negotiation
We handle all communication with insurance companies and opposing counsel. We negotiate hard for full compensation while preparing every case for trial — the only way to keep maximum leverage throughout the process. Carriers settle faster when they know we're ready to go to court.
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Resolution and distribution
When a settlement or verdict is reached, the court oversees distribution among eligible family members. We continue providing guidance so every family member understands what they received, why, and what comes next.
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Why Bur Oak Injury Law? Chris Miller has won cases before the Missouri Supreme Court that expanded the rights of working Missourians. Before entering private practice, he worked inside Missouri's government legal system — giving him insight into how the process works at every level. No handoffs. No associates. Your case stays with Chris from the first call to the final outcome.
Common questions
Frequently asked questions about Missouri wrongful death claims
Under Missouri §537.080 RSMo, the first eligible group includes the surviving spouse, children, grandchildren, and parents of the deceased. If none of those relatives survive, siblings or their descendants may file. In rare cases where no qualifying relatives are available, the court may appoint a plaintiff. Only one lawsuit is permitted per victim, and all eligible family members must pursue compensation together in that single action.
Missouri's wrongful death statute of limitations is three years from the date of the victim's death under §537.100 RSMo. Missing this deadline typically eliminates the family's right to compensation entirely. Medical malpractice wrongful death cases may involve shorter or differently calculated deadlines. Contact an attorney promptly — evidence can disappear quickly even when the deadline appears distant.
Surviving family members may recover funeral and burial expenses, lost future earnings and benefits, pre-death medical expenses, pain and suffering experienced before death, loss of companionship and guidance, loss of inheritance, and in cases involving egregious misconduct, punitive damages. Missouri does not cap non-economic damages in most wrongful death cases — only in medical malpractice cases does the cap (approximately $700,000) apply. See our full guide to wrongful death damages in Missouri.
No. Missouri law allows only one wrongful death lawsuit per deceased person. If multiple family members wish to pursue compensation, their claims must be brought together in a single case rather than separate lawsuits. The court can oversee fair distribution of any settlement or verdict among eligible surviving family members based on the relationship, dependency, and losses established during the case.