When a loved one dies because of someone else's negligence, Missouri law gives eligible family members the right to file a wrongful death lawsuit under §537.080 RSMo. The process involves specific legal requirements — who can file, when to file, what evidence is needed, and how courts approve any settlement.
Bur Oak Injury Law guides families through every stage of the wrongful death filing process in Columbia and across central Missouri. Call for a free consultation — no fee unless we win.
(573) 499-0200A wrongful death action serves two critical purposes: it holds the responsible party accountable and pursues compensation for the losses your family has suffered. When a deceased person would have had a personal injury claim had they survived, their eligible family members may file a wrongful death claim under Missouri law.
The legal process — from gathering evidence to filing the petition to court approval of any settlement — requires precision. At Bur Oak Injury Law, attorney Chris Miller manages every stage so your family can focus on grieving and healing.
A civil lawsuit proves negligence and establishes that the defendant's conduct — careless driving, a surgical error, an unsafe property — caused your loved one's death.
Missouri families can recover economic damages like funeral costs and lost wages, and non-economic damages like loss of companionship and guidance from the deceased.
Recoverable damages include funeral and burial costs, medical expenses before death, lost wages and benefits, pain and suffering the deceased experienced, and loss of family support.
Filing promptly locks in medical records, police reports, surveillance footage, and witness statements before they disappear or are destroyed under routine retention schedules.
Holding negligent drivers, healthcare providers, property owners, and employers accountable promotes safer practices and deters future careless conduct that could harm others.
All Missouri wrongful death settlements require court approval, ensuring fair distribution among eligible heirs and protecting the rights of every family member involved.
Before representing grieving families in court, Chris Miller served as a government attorney in the Missouri Department of Labor and administered the Division of Workers' Compensation — the state body where disputed claims are evaluated and decided. That experience gave him a rare inside view of how government agencies, insurance carriers, and defense attorneys approach wrongful death and injury claims. When your family hires Bur Oak Injury Law, Chris handles your case personally from the first call to the final outcome — no handoffs to associates or paralegals.
Wrongful death lawsuits arise from many different circumstances. Bur Oak Injury Law handles the full range of wrongful death claims for families across central Missouri.
Drunk driving, distracted driving, speeding, and reckless behavior cause fatal crashes involving cars, trucks, and motorcycles on Columbia roads, I-70, and Highway 63. These are among the most common causes of wrongful death in Missouri.
Surgical errors, misdiagnosis, hospital negligence, and medication mistakes can lead to death. Missouri imposes a $700,000 cap on non-economic damages in medical malpractice wrongful death cases under §538.210 RSMo — expert review is typically required to establish liability.
Fatal injuries in construction, manufacturing, and other high-risk industries may support a third-party wrongful death claim even when workers' compensation benefits are also available.
Slip and fall accidents, dangerous conditions, inadequate security, and poor property maintenance can lead to a wrongful death claim when a property owner's negligence causes a fatal injury.
Defective vehicles, medical devices, machinery, appliances, and consumer goods can cause fatal injuries when manufacturers, distributors, or sellers place unsafe products on the market.
Understaffing, medication errors, falls, dehydration, and failure to provide proper care in Columbia-area nursing homes and assisted living facilities can support a wrongful death claim.
Drivers who fail to yield, drive distracted, or ignore crosswalks near MU campus and downtown Columbia cause fatal pedestrian and bicycle accidents that may support a wrongful death action.
Assault, inadequate security, and failure to protect against foreseeable harm may support a civil wrongful death lawsuit even when criminal charges are also pending — a civil case is separate and focused on monetary compensation for your family.
Every wrongful death case follows a structured legal process. Here is what Bur Oak Injury Law does at each stage to protect your family's rights and pursue maximum compensation.
We begin with a free, confidential consultation to review how the death occurred, identify responsible parties, and determine whether your family has a valid wrongful death claim under §537.080 RSMo. We then investigate — gathering medical records, death certificates, police reports, accident reports, autopsy information, witness statements, photographs, employment records, and proof of funeral costs. To succeed, a wrongful death case must establish duty of care, breach of duty, causation, and damages.
Under §537.080 RSMo, only certain family members have the right to file. The first priority class includes the surviving spouse, children, and grandchildren. If none exist, parents may file. If none of the above survive, siblings or their descendants may bring the claim. We identify every eligible family member and calculate both economic losses (medical costs, funeral expenses, lost wages, future income) and non-economic losses (loss of companionship, guidance, support). Missouri law also presumes that care provided by a non-employed deceased person is worth 110 percent of the state's average weekly wage.
We prepare and file the wrongful death petition in the appropriate Missouri court before the deadline under §537.100 RSMo — three years from the date of death for most cases, two years for medical malpractice wrongful death. After filing, defendants are served and the case enters discovery. Discovery may include written questions, document requests, depositions, expert testimony, medical records, insurance records, and employment data. We manage every step while keeping your family informed.
Most wrongful death cases resolve through negotiated settlement, but we prepare every case as if it will go to trial so insurance companies and defendants take your claim seriously. Any settlement reached in a Missouri wrongful death case must receive court approval to ensure fair distribution among all eligible heirs. If the defendant refuses a fair offer, we are prepared to present your family's case before a jury and fight for the full compensation your loved one's life and loss deserve.
Missouri §537.080 RSMo governs who has the legal right to file a wrongful death action and how eligible plaintiffs are organized. The statute creates a structured priority class system: the surviving spouse, children, and grandchildren form the first class; parents form the second class; siblings and their descendants form the third class. Because only one wrongful death lawsuit may be filed per victim, all eligible family members must coordinate their claims in a single proceeding. Any settlement or verdict is then distributed according to Missouri law and the evidence of each person's individual loss, subject to court approval to protect all heirs.
Missouri §537.100 RSMo gives most families three years from the date of death to file a wrongful death lawsuit. Medical malpractice wrongful death claims carry a shorter two-year deadline. These deadlines are strict — missing them almost always results in a complete bar to recovery, no matter how strong the evidence of negligence. Beyond the legal deadline, acting promptly matters for practical reasons: surveillance footage is overwritten, witnesses' memories fade, medical records are purged, and physical evidence deteriorates. Families who contact Bur Oak Injury Law quickly give their cases the strongest possible foundation from the outset.
No fee unless we win. Call (573) 499-0200 or submit the form to speak with Chris Miller about your family's wrongful death case.
Call (573) 499-0200