Losing a child is an unimaginable tragedy. When that loss results from someone else's recklessness or negligence — a careless driver, an unsafe product, a negligent caregiver — Missouri law allows the family to pursue a wrongful death claim. Bur Oak Injury Law helps Missouri families understand their rights, navigate RSMo §537.080, and pursue accountability and compensation. No fee unless we win.
(573) 499-0200 — Free ConsultationWrongful death cases involving children are among the most legally and emotionally complex matters in Missouri courts. Under Missouri Revised Statute section 537.080, a wrongful death action may be brought when a person dies from an act, conduct, occurrence, or circumstance that would have allowed the injured person to recover damages if they had survived. Missouri wrongful death law governs who may file, how damages are calculated, how future income is estimated, and how settlement proceeds are approved and distributed.
When a minor child dies, the parents are typically the individuals entitled to file. Missouri law defines the first class of eligible filers as the deceased's surviving spouse, children, and parents — natural or adoptive. If no Class 1 members are available, the deceased's siblings or their descendants may file as Class 2. When no statutory class members can act, a court may appoint a plaintiff ad litem.
Chris Miller spent years working inside the Missouri Division of Workers' Compensation — the state administrative body where disputed injury claims are heard and decided. That experience shapes how he approaches every wrongful death case: with a thorough understanding of Missouri's legal framework, what evidence matters, and how insurance companies and defense attorneys think. When you hire Bur Oak Injury Law, your case stays with Chris from the first call to the final resolution. No handoffs. No associates.
Minor wrongful death claims in Missouri require careful handling because of strict filing deadlines, complex damage calculations, and the need for court approval of settlement distributions. Evidence disappears quickly after a fatal accident. Witnesses become harder to reach. Defendants and insurers challenge cases more aggressively as time passes. Getting an attorney involved early makes a measurable difference.
Bur Oak Injury Law represents families across central Missouri in wrongful death cases involving minor children. Every case is different, but our practice covers the most common causes of child wrongful death in Missouri.
Deaths occurring at homes, playgrounds, apartment complexes, pools, or other residential settings due to a property owner's or caregiver's failure to act responsibly. We investigate whether negligent supervision, unsafe property conditions, or defective products contributed to the fatal injury.
Preventable deaths caused by negligent medical care, birth trauma, delayed diagnosis, misdiagnosis, medication errors, or surgical errors. Missouri law may shorten the filing deadline to two years in medical malpractice cases, and caps on non-economic damages may apply.
Fatal crashes involving child passengers, pedestrians, bicyclists, or school transportation. We investigate driver negligence, vehicle defects, unsafe road conditions, and inadequate safety equipment to determine who bears responsibility for the loss.
Deaths caused by dangerous toys, furniture, child equipment, vehicle seats, medications, or household products. Product liability claims may be brought against manufacturers, distributors, and retailers when a defective item causes a child's death.
Fatal drowning incidents at pools, lakes, rivers, hotel facilities, or recreational facilities where negligent supervision, inadequate barriers, or unsafe conditions contributed to the death. We evaluate property owner and facility operator liability.
Deaths caused by neglect, unsafe supervision, physical abuse, or failure to protect a child in childcare facilities, foster homes, schools, or other institutional settings. These cases often require careful investigation and expert review.
Missouri families bring wrongful death claims under many circumstances. The following are the most common causes that lead to wrongful death lawsuits involving minor children in Missouri.
Fatal crashes involving child passengers, pedestrians, bicyclists, school transportation, or negligent drivers.
Pool, lake, river, hotel, recreational facility, or unsupervised water-related deaths caused by negligent supervision or unsafe premises.
Preventable death caused by negligent medical care, birth trauma, misdiagnosis, or surgical error.
Dangerous toys, furniture, child equipment, vehicle seats, medications, or household products that cause fatal injuries.
Unsafe equipment, poor maintenance, lack of supervision, or hazardous facility design that results in a child's death.
Negligent supervision, unsafe buses, unsafe pickup procedures, or preventable campus injuries.
Dangerous stairs, unsecured pools, unsafe rental property, exposed electrical hazards, or other dangerous property conditions.
Preventable fatal injuries caused by unsafe coaching, defective equipment, heat illness, or lack of emergency response.
Fatal exposure to chemicals, drugs, carbon monoxide, or improperly secured substances.
Death caused by neglect, unsafe supervision, physical abuse, or failure to protect a child in a care setting.
Every minor wrongful death case in Missouri follows a deliberate process. Here is how Bur Oak Injury Law approaches these claims from the first call to final resolution.
We begin with a confidential, compassionate discussion about the circumstances surrounding your child's death. We review available records — medical records, police reports, incident reports, photographs, witness information, and communications from the defendant or insurance company. We explain who may file under RSMo §537.080 and what the deadline is for your specific situation.
We conduct a thorough investigation into how the death occurred and whether the defendant's conduct directly caused the fatal injury. This may include accident reconstruction, medical expert review, product analysis, site inspection, witness interviews, and documentation of the child's relationship with the family — love, companionship, counsel, guidance, training, and support.
If the evidence supports a claim, we prepare and file the wrongful death lawsuit within the applicable Missouri deadline — typically three years from the date of death, or two years in medical malpractice matters. We manage pleadings, discovery, depositions, expert testimony, motion practice, and negotiation with insurance companies through to trial if necessary.
We pursue maximum compensation through settlement negotiations or trial. Recoverable damages include funeral and burial expenses, medical bills, loss of companionship, conscious pain and suffering, pecuniary losses, loss of services, and the reasonable value of care the child provided. Missouri law requires court approval for distribution of proceeds, and any amounts intended for minor siblings must be placed into court-supervised trusts.
Missouri wrongful death law does not allow separate recovery for grief and bereavement, but it does allow substantial compensation for the pecuniary losses, loss of services, loss of companionship, and the conscious pain and suffering the child experienced before death. For children who have no earnings history, RSMo §537.090 provides an income presumption based on the parents' annual income. Missouri courts also consider the child's age, health, talents, life expectancy, family relationships, and likely future earning capacity when calculating pecuniary losses.
Missouri law also recognizes the value of care and services the deceased provided or would have provided to the family. A rebuttable presumption values that care at 110% of the state's average weekly wage at the time of death. Outside of medical malpractice cases, Missouri generally does not cap wrongful death compensation — meaning there is no predetermined ceiling on what a family may recover.
Missouri law requires court approval for the distribution of any settlement involving a wrongful death claim for minors to ensure fair apportionment among class members. If the members of the class cannot agree on how to divide the proceeds, the court will decide the distribution after hearing evidence from all concerned parties. Any settlement proceeds intended for minor siblings must be placed into court-supervised trusts or structured settlements. Missouri wrongful death law may also apply in specialized circumstances involving an unborn fetus or viable fetus, depending on the facts and applicable law — families should consult an attorney before assuming whether a claim is available.
Under RSMo §537.080, the first class of individuals entitled to file includes the deceased's surviving spouse, children, and parents — natural or adoptive. For a deceased minor, the parents are typically the ones who file the wrongful death claim. If no Class 1 members are available, the deceased's siblings or their descendants (Class 2) may file. If neither class can act, a court-appointed plaintiff ad litem may bring the claim. Only one wrongful death action may be filed for each death — all eligible members of the filing class participate in that single lawsuit.
Recoverable damages include pecuniary losses, loss of services, loss of companionship, and the conscious pain and suffering the child experienced before death. Compensation may also include funeral expenses, burial costs, medical bills, loss of comfort, guidance, counsel, training, and the value of care the child provided. Because minors often have no earnings history, RSMo §537.090 creates an income presumption based on the parents' annual income. Missouri courts also consider the child's age, health, talents, life expectancy, and likely future earning capacity. Outside of medical malpractice cases, Missouri generally does not cap wrongful death compensation.
The standard statute of limitations for wrongful death in Missouri is 3 years from the date of death under RSMo §537.100. In medical malpractice cases, the deadline may be shortened to 2 years. Missouri courts treat these deadlines strictly — evidence disappears, witnesses become harder to reach, and defendants challenge cases more aggressively as time passes. Contact Bur Oak Injury Law as soon as possible to preserve your family's rights.
Yes. Missouri law requires court approval for the distribution of wrongful death settlement proceeds to ensure fair apportionment among class members. If class members cannot agree on distribution, the court decides after hearing evidence from all concerned parties. Any settlement proceeds intended for minor siblings must be placed into court-supervised trusts or structured settlements. This requirement protects every eligible family member's share and ensures the proceeds are distributed appropriately under Missouri law.
Losing a child is devastating. The legal process shouldn't make it harder. Bur Oak Injury Law handles every aspect of your minor wrongful death case — with no upfront costs and no fee unless we recover for your family.