Losing a loved one can be traumatic for any family, but when a person dies because of an avoidable accident caused by someone else’s negligence, the wound and sense of unfairness may reach even deeper. A wrongful death is the death of a person due to another person or entity’s negligence or absence of care for the safety of others. This death is also grounds to file a lawsuit against the party responsible, and while no amount of money can bring your loved one back, holding them accountable in court can give grieving family members a sense of closure and justice. However, you must file before the statute of limitations for wrongful death runs out. Call Steelman Gaunt Crowley today at (573) 341-8336 for a free consultation with one of their wrongful death attorneys.
The Statute of Limitations for Wrongful Death in Missouri
Although the thought of putting a monetary value on a loved one’s life to file a lawsuit may feel uncomfortable in the raw weeks after losing them, it is an issue the family needs to think about – and fast. Mo. Rev. Stat. § 537.100 sets statute of limitations for filing a wrongful death claim of three years from the date of the individual’s death.
Furthermore, Mo. Rev. Stat. § 537.080 limits which family members can file a wrongful death suit, beginning with the spouse, children, or parents of the deceased. Only one wrongful death claim may be brought by the deceased’s estate against any one defendant. So, if the person is married, their spouse may file the wrongful death claim, but the parents may not.
What Is the Damages Cap for Wrongful Death in Missouri?
Damages in a wrongful death case (and any type of personal injury civil matter, which is what a wrongful death is considered) refer to the losses the victim suffers. Families may have both economic and non-economic damages after losing their loved one to another party’s negligence, and they are entitled to demand compensation for both.
Each state has different laws regarding the amount a plaintiff can recover in wrongful death cases. In Missouri, plaintiffs have no limit to the economic damages they can recover unless it is a medical malpractice claim, which the Missouri Department of Insurance indicates is limited by Senate Bill 39. Economic damages refer to the tangible losses a family suffers like:
- Funeral and burial costs
- Loss of contribution to the family finances
- Loss of support if the deceased was a caregiver to another family member
- Loss of retirement and pensions
Family members may also be entitled to demand compensation for their non-economic damages; again, Missouri law does not set a cap on those, either. Non-economic damages refer to the intangible loss the family suffers, like pain and suffering, loss of companionship and consortium (for a spouse who has lost a partner), or loss of guidance (for a child who has lost a parent). The compassionate wrongful death lawyers at Steelman Gaunt Crowley understand that no amount of money can truly make up for the loss of years or decades with your loved one, but part of a seasoned wrongful death attorney’s job is to work with each client to come up with an appropriate figure.
What Is Wrongful Death Court Approval in Missouri?
Many wrongful death cases are settled out of court in negotiations between the family of the deceased and the at-fault party. Trials are rare. In the case of a settlement, a Missouri court must approve the terms the parties have agreed to before any funds are dispersed. The attorney for the family, if they have opted to hire one, will file a Motion or Application for Approval of Wrongful Death Settlement under Mo. Rev. Stat. § 537.095, stating the relationship to the deceased, the liability of the defendant, and the terms of the settlement. This motion also waives the plaintiff’s right to a jury trial for the wrongful death.
What Is the Burden of Proof for Wrongful Death?
Civil cases place the burden of proof on the plaintiff, just as criminal cases place the burden of proof on the state; in either case, the defendant’s innocence is treated as the default assumption, which the state or plaintiff must present sufficient evidence to overcome. However, the burden of proof is lower for civil cases than criminal cases, which require proof beyond a reasonable doubt. If bereaved family members choose to hire an attorney, their Jefferson City wrongful death attorney must only prove that the defendant was guilty based on a preponderance of the evidence. Essentially, the plaintiff, or their lawyer, must prove that the evidence shows that it is more likely than not that the defendant was negligent. Evidence may be lost or destroyed over time, which is why the statute of limitations for wrongful death is so important.
Just because the burden of proof is lower in wrongful death cases than it would be in a criminal trial for homicide does not mean that proving negligence will be easy. The plaintiff must establish the four elements of legal negligence according to Cornell Law School’s Legal Information Institute to prove that the at-fault party caused the death and is therefore liable for losses the family suffered:
- The defendant owed the deceased a duty of care
- They abandoned that duty of care (breach)
- The deceased was harmed because of this breach of duty of care
- The defendant’s actions are the proximate cause or cause-in-fact of harm to the deceased
How Are Wrongful Death Proceeds Divided in Missouri?
A settlement or award for a wrongful death is paid out to the class that filed the claim. In Missouri, the same law that dictates who can file the lawsuit dictates who is prioritized for receiving the proceeds of the lawsuit. A wrongful death plaintiff may be in one of two classes:
- Class 1: Parent (adopted or biological), child (adopted or biological), or legal spouse (common law spouses are excluded)
- Class 2: Sibling, then siblings’ descendants; then, if none of those people exist, a representative of the deceased
The proceeds are paid to the entirety of the class that filed the claim, no matter which person initiated the lawsuit. So, if the deceased’s parent filed the suit, the award is divided between them, another living parent, any children of the deceased, and their spouse. The parties may agree among themselves on who gets what amount, and if they cannot agree, then a court decides after each party presents evidence for their side.
Do You Need Help After Losing Your Loved One in an Avoidable Accident?
If you have lost a loved one due to someone else’s negligence, then you may be able to get compensation through a wrongful death lawsuit in Missouri. You may also be eligible for a survival action, depending on the circumstances of your loved one’s death. An experienced Missouri wrongful death attorney from Steelman Gaunt Crowley may be able to help you understand your rights and take the next steps to find justice and healing. Their legal team is prepared to handle the necessary paperwork and court filings to move a case forward, making sure that they file the claim within the statute of limitations for wrongful death in Missouri. Contact them today for a free consultation by calling (573) 341-8336.
