What Is a Wrongful Death?
If your loved one’s death was caused by another person or group’s negligence, then your loved one’s passing can be considered a wrongful death case.
A wrongful death occurs when someone dies as a result of another party’s negligence.
Besides negligence, a wrongful death can also be caused by another person’s intentional conduct.
The Four Essential Elements of a Wrongful Death Claim
To file a wrongful death claim, you must show that several key elements were present before your loved one passed away.
These elements help prove wrongful death and form the foundation of any successful wrongful death case.
If even one of these requirements is missing, the civil court may determine that you don’t have grounds for such a claim.
Understanding these elements gives you clarity as you decide whether to take legal action and pursue justice for your loved one’s death.
1. Duty of Care
Every wrongful death lawsuit begins with showing that the defendant owed your loved one a legal duty of care.
A duty of care is a simple concept.
It means a person, company, or property owner has a responsibility to act safely and reasonably under the circumstances.
You see this in many personal injury cases, including:
- Drivers must follow traffic laws and watch for pedestrians.
- Nursing homes must provide proper supervision, medical attention, and a safe living environment.
- Doctors must deliver treatment that meets the accepted standards of medical care.
- Businesses must keep their premises free from hazards that could injure visitors.
These duties are recognized under both Illinois law (740 ILCS 180) and Missouri law (RSMo 537.080), which allow surviving family members to bring a wrongful death action when a party’s negligence leads to a person’s death.
If your loved one had a right to expect safe conduct (whether from a driver, a healthcare provider, a product manufacturer, or another responsible party), then the first of the wrongful death elements is likely met.
2. Breach of Duty
After establishing that a duty existed, the next step is to show that the defendant breached that duty.
A breach of duty happens when someone fails to act as a reasonably careful person would in the same situation.
In many wrongful death lawsuits, this breach is the heart of the case because it shows how the defendant’s conduct fell short.
Examples appear in almost every type of personal injury claim.
Examples include:
- A distracted driver who texts behind the wheel
- A nursing home staff member who ignores a call light or fails to monitor a resident with known fall risks
- A property owner who neglects a dangerous condition that later causes a fatal accident
- A manufacturer that releases a defective medical device, leading to a patient’s death
In some cases, the breach may even involve intentional misconduct or criminal acts.
Whether the conduct involved negligence, recklessness, or intentional behavior, the question remains the same.
Did the defendant fail to uphold a clear legal duty?
If the answer is yes, the second element of your wrongful death claim is established.
3. Causation
Causation connects everything together.
It’s not enough to show that a duty existed and that the defendant failed to meet it.
You must also show that the party’s negligence caused your loved one’s death.
In legal terms, this is known as proving that the breach of duty was the direct and proximate cause of the decedent’s death.
This element often requires evidence, like:
- Expert witnesses
- Medical records
- Accident reconstruction
- Other forms of evidence
For example, if the defendant’s actions caused a crash, investigators may rely on accident reports and reconstruction analysis to explain how the collision occurred.
In medical malpractice cases, doctors and specialists may review treatment records to determine whether the defendant’s conduct led to the victim’s death.
The standard is not “beyond a reasonable doubt” like in criminal cases.
Instead, Illinois and Missouri require showing that the defendant’s negligence more likely than not caused the death.
If the evidence connects the defendant’s failure to exercise care with the victim’s death, this element is met.
4. Damages
Finally, a successful wrongful death claim must show that the victim’s family suffered measurable losses.
These losses are known as damages.
These losses are real, often overwhelming, and can affect every part of your life after a loved one’s passing.
Illinois and Missouri allow families to recover economic damages, such as:
- Medical bills
- Funeral expenses
- Burial expenses
- Lost income
- Financial support the deceased person would have provided
Along with economic damages are non-economic wrongful death damages.
Non-economic damages include:
- Grief
- Loss of companionship
- Loss of guidance
- Pain and suffering damages experienced by the victim before passing
In some cases, Missouri law also allows punitive damages when the defendant’s conduct was severe enough to meet the state’s punitive damages standard.
Wrongful death damages reflect the emotional toll and the practical hardship a wrongful death causes.
They also help ensure surviving family members have the resources they need to move forward after a tragic loss.
If these losses can be shown through documentation, testimony, and other evidence, the final key element in your wrongful death action is satisfied.
Who Can File a Wrongful Death Claim?
After you understand the elements of a wrongful death claim, the next question is usually who has the legal right to file a wrongful death action.
Illinois and Missouri both allow surviving family members to seek compensation, but each state has its own rules about who may bring a wrongful death lawsuit and how the case must be filed.
Knowing where you fall in this hierarchy can help you determine whether you’re eligible to pursue justice for your loved one’s death.
Eligibility in Illinois
Under the Illinois Wrongful Death Act (740 ILCS 180), a wrongful death claim must be filed by the personal representative of the deceased person’s estate.
This representative may already be named in the decedent’s will, but if no one is listed, the court can appoint someone — often a surviving spouse or adult child.
Even though only the personal representative files the claim, family members are the ones who recover damages.
Illinois gives priority to:
- The surviving spouse
- The surviving children
- The decedent’s next of kin if no spouse or children are living
These beneficiaries may receive compensation for financial losses, grief, loss of society, and other damages recognized under Illinois law.
Because many wrongful death lawsuits also involve personal injury elements (such as unsafe premises, medical malpractice, or someone else’s negligence), the personal representative plays an important role in gathering evidence and making sure each loss is documented correctly.
Eligibility in Missouri
Missouri takes a slightly different approach.
Under RSMo 537.080, the law sets a clear three-tier system for who may bring a wrongful death lawsuit.
First in line are the surviving spouse, children, and the descendants of any deceased children.
Adopted children are included in this category as well.
If none of these parties are living, the second group (the parents of the deceased person) can file a wrongful death suit.
If there is no surviving spouse, child, descendant, or parent, the third group allows a court-appointed plaintiff — often a sibling or another close relative — to bring the wrongful death action on behalf of the victim’s family.
Missouri also permits multiple beneficiaries to receive the wrongful death settlement payout, even if only one eligible person files the claim.
This can be especially important when the deceased person provided financial support to several family members.
Your Role in a Claim
Whether your loved one passed away due to medical malpractice, a fatal car accident, a defective product, or another wrongful act, the right to file a wrongful death claim depends on your relationship to the deceased person and the state where the death occurred.
These laws exist to make sure the wrongful death payout goes to those most directly affected by the loss.
If you’re unsure whether you qualify, we can help you understand your eligibility, guide you through the legal process, and determine whether the facts of your loved one’s passing support a wrongful death case.
The Legal Process of a Wrongful Death lawsuit
The legal process can feel overwhelming when you’re still grieving your loved one’s death.
But when you understand the basic steps of a wrongful death action, you’ll know what to expect as you seek justice and financial support for your family.
As with personal injury claims, the exact process and timeline can vary from one case to the next.
For the most part, these civil lawsuits will involve the following steps.
Initial Investigation and Case Evaluation
Your attorney will begin by gathering evidence to understand what caused the decedent’s death.
This may include accident reports, medical records, witness statements, product information, and other documentation.
In many wrongful death lawsuits, especially those involving personal injury or medical malpractice, expert witnesses may review the evidence to help determine whether the defendant failed to meet a legal duty.
This step is critical as it establishes liability early on, which is critical for your claim to be deemed valid.
Filing the Complaint
Once the facts prove a wrongful death, your attorney files a complaint in civil court.
This document explains how the defendant’s negligence, wrongful act, or intentional misconduct caused your loved one’s death and outlines the damages your family has suffered.
Filing the complaint officially begins the wrongful death lawsuit.
Discovery Phase
Both sides then exchange information.
Discovery may involve depositions, written questions, medical records, and expert evaluations.
This stage helps clarify how the defendant’s conduct led to the victim’s death and whether comparative negligence might be raised by the insurance company.
Negotiation and Settlement
Most wrongful death claims resolve through settlement.
It’s the defendant’s insurance company that pays the settlement.
After reviewing the evidence, your attorney negotiates with the insurance company to reach a wrongful death settlement that reflects your family’s losses.
Losses can include:
- Medical bills
- Funeral expenses
- Lost financial support
- Non-economic damages
If the defendant’s actions were found to be intentional and especially harmful, Missouri law may also allow punitive damages.
Trial
If the parties cannot agree on a fair settlement, the case proceeds to trial.
Your attorney presents evidence showing each of the elements of a wrongful death claim and works to prove that the defendant’s conduct caused your loved one’s death.
A judge or jury then decides the outcome.
For the most part, an insurance company will try to settle early because trial proceedings can significantly extend the civil claim’s timeline.
Statute of Limitations for Wrongful Death Claims
As with a personal injury claim, there’s a time limit to how long you’ll be able to file a wrongful death lawsuit.
This time window is called a statute of limitations.
Statutes of limitations for wrongful death cases vary from one state to the next.
In Illinois, you’ll have two years from your loved one’s passing to file a claim.
In Missouri, claims can be valid for as long as three years.
These timelines may seem like a long time, but it’s important to take action and seek legal representation as soon as possible, as wrongful death lawsuit timelines can be unpredictable.
How an Experienced Wrongful Death Attorney Can Help
After your loved one’s death, legal steps may be the last thing on your mind.
You may still be processing what happened or trying to support your family.
When you hire a wrongful death attorney, your claim gets the representation it deserves.
Your lawyer takes on the legal work, so you don’t have to manage it alone.
Taking Your Case on a Contingency Fee Basis
Taking legal action can be expensive, which is why many surviving family members ask about the costs of filing claims.
Personal injury law firms like ours take cases on a contingency fee basis.
You won’t have to pay anything up front.
Instead, we’ll recover a percentage of your settlement as payment after we’ve won your case.
Reviewing the Facts and Evaluating Your Case
Your attorney begins by reviewing the facts surrounding your loved one’s death.
This review focuses on identifying whether another party owed a legal duty, whether that duty was breached, and whether the breach caused the death.
The evaluation often involves reviewing accident reports, medical records, witness statements, and other available evidence.
In wrongful death cases involving medical malpractice, motor vehicle crashes, unsafe property conditions, or defective products, this step helps determine whether the evidence supports a viable wrongful death lawsuit.
Gathering Evidence To Prove Negligence
To move your case forward, your attorney gathers evidence needed to prove the elements of a wrongful death claim.
That evidence may include medical documentation, employment records, photographs, surveillance footage, and testimony from qualified expert witnesses.
Handling Legal Filings and Court Requirements
Wrongful death claims involve strict procedural rules.
Your attorney prepares and files the wrongful death action, ensures the correct party brings the claim, and complies with filing deadlines under Illinois or Missouri law.
Missing a deadline or naming the wrong party can jeopardize the entire case.
Legal representation helps protect your claim from procedural errors that could prevent recovery.
Calculating Damages and Pursuing Compensation
Your attorney works with you to calculate the losses caused by your loved one’s death.
These losses may include medical bills related to the final injury or illness, funeral and burial expenses, lost income or benefits, and non-economic damages such as loss of companionship and emotional suffering.
In Missouri cases involving egregious conduct, your attorney may also evaluate whether punitive damages are available.
The goal is to pursue compensation that reflects the full impact of the loss on you and your family.
Negotiating or Taking the Case to Trial
Many wrongful death cases resolve through settlement, but not all offers are fair.
Your attorney negotiates with the insurance company and evaluates whether a proposed wrongful death settlement adequately addresses your losses.
If the insurance company refuses to offer reasonable compensation, your attorney prepares the case for trial and presents the evidence needed to prove wrongful death before a judge or jury.
Not Sure if You Have a Claim? Reach Out for a Free Consultation
An experienced attorney can review the facts, explain who may be eligible to file, and outline the deadlines and evidence needed to prove the essential elements of a wrongful death claim.
We handle consultations confidentially and on a contingency fee basis, so you owe nothing unless we pursue and win your case.
If you believe your loved one’s death was caused by someone else’s negligence, wrongful act, or intentional misconduct, you may have the right to file a wrongful death claim.
Contact TorHoerman Law for a free consultation.
You can also use the chatbot on this page to find out if you’re eligible for a claim.
