Missouri's Wrongful Death Statutes
Before starting the filing process, we need to talk about how Missouri statute defines a wrongful death and who is legally allowed to bring a claim.
Missouri law provides a legal path for family members to seek compensation when a loved one’s death was caused by someone else’s negligent or intentional actions.
Under Missouri Revised Statutes § 537.080, a wrongful death occurs when a person dies due to an act that would have entitled them to file a personal injury claim had they survived.
In other words, if the deceased could have sued had they lived, their family may have the right to file on their behalf.
Who Can File a Wrongful Death Lawsuit?
The first matter to consider is whether the Missouri statute allows you to file a wrongful death lawsuit.
Missouri law is clear about eligibility to file.
The right to sue a negligent party is granted in the following order:
- First, the deceased person’s spouse, children, or parents
- If none of the above are alive or willing to file, then siblings or their descendants
- If no eligible family exists, a court may appoint a plaintiff ad litem (a representative to file the suit)
This structure helps ensure that only those with a close relationship with the deceased can pursue compensation.
What Damages Can Be Recovered?
Wrongful death claims allow families to recover both economic and non-economic damages.
Damages include:
- Funeral and burial expenses
- Medical bills related to the final injury or illness
- Loss of the deceased’s future income
- Loss of companionship, guidance, and support
- Pain and suffering experienced by surviving family members
These are all considered when calculating wrongful death payouts.
As in most personal injury settlements, punitive damages (alongside other damages) may be awarded to punish especially reckless behavior, though that’s less common.
There’s no fixed average wrongful death settlement amount.
We’ve seen past wrongful death settlements paid amounting to $500,000 to millions of dollars.
Wrongful Death vs. Survival Action
Filing a wrongful death lawsuit can entitle you to certain damages if your claim succeeds.
You might feel that this isn’t enough, especially when you factor in what your loved one may have experienced had the accident not taken place.
In such a scenario, you can file a survival action claim.
A survival action is a related but separate legal option.
It allows the estate to recover for pain, suffering, and losses the person experienced between the injury and their death.
While a wrongful death claim focuses on the family’s loss, a survival action focuses on the decedent’s experience.
Both types of claims can sometimes be filed together, but they serve different purposes and may affect the wrongful death and personal injury compensation calculation differently.
Missouri’s Statute of Limitations for Wrongful Death Claims
It’s daunting to have to pursue legal action after your loved one’s wrongful death. However, know that you must do so as soon as you’re able.
This is because of Missouri’s statute of limitations for wrongful death lawsuits.
The statute of limitations sets a legal deadline for filing.
In Missouri, you have three years from the date of the death to file a wrongful death lawsuit.
At a glance, three years might seem like a long time to pursue legal action.
There may be delays, which can affect wrongful death or personal injury lawsuit timelines.
For this reason, you should to speak to an experienced wrongful death lawyer immediately after your loved one’s passing.
How Long Does a Wrongful Death Lawsuit Take in Missouri?: Estimated Timelines
As with other personal injury lawsuits, a wrongful death lawsuit can take time before it resolves.
Estimated timelines include:
- One to Three Months: Case Preparation, Evidence Gathering, and Investigation
- Two to Four Weeks: Filing the Lawsuit and Serving Defendants
- Six to 12 Months: Discovery Process
- Weeks to Months: Settlement Negotiations or Mediation
- A Few Days to a Few Weeks: The Trial Process
- One to Three Months After Resolution: Final Judgement or Settlement Disbursement
One to Three Months: Case Preparation, Evidence Gathering, and Investigation
We begin by gathering all relevant evidence types.
Evidence types include:
- Medical records and death certificates
- Police or accident reports
- Eyewitness statements
- Photos or video footage
- Expert analysis, if needed
This stage is critical.
The stronger your evidence, the more effectively we can argue your case.
During this time, we’ll also calculate preliminary damages and identify all potentially liable parties.
Two to Four Weeks: Filing the Lawsuit and Serving Defendants
Once enough evidence is collected, we begin the formal filing process.
We draft the complaint, file it with the court, and arrange to serve the documents to all named defendants.
This officially starts the civil process.
Defendants have a limited time (typically 30 days) to respond.
Delays can occur if defendants can’t be located or contest service.
Six to 12 Months: Discovery Process
The discovery process is often the longest phase.
Both sides share evidence, request documents, and take depositions (formal interviews under oath).
This phase is essential for uncovering facts, assessing the strength of your case, and preparing for negotiation or trial.
Expect back-and-forth between attorneys during this time.
We may also file pre-trial motions to admit or exclude certain evidence or arguments.
Weeks to Months: Settlement Negotiations or Mediation
Many wrongful death lawsuits settle before reaching trial.
If both sides are open to negotiation, we may enter mediation — a structured meeting led by a neutral third party.
Whether through informal talks or formal mediation, the goal is to reach a fair agreement that covers the full value of your claim.
For the most part, the insurance companies involved settle wrongful death claims during this stage.
Of course, there may be a possibility that these companies dispute your claims.
When this happens, the timeline of your wrongful death suit can be longer.
A Few Days to a Few Weeks: The Trial Process
If no settlement is reached, the case moves to trial.
This stage includes:
- Jury selection
- Opening and closing arguments
- Witness testimony
- Presentation of evidence
The court’s schedule and the complexity of the case influence how long the trial process takes.
We prepare thoroughly, advocating for you at every step.
One to Three Months After Resolution: Final Judgement or Settlement Disbursement
Once a verdict is reached or a settlement is approved, the court will issue a final court decision.
Then begins the process of disbursing compensation, resolving liens, and finalizing paperwork.
Appeals can extend this phase, though many cases resolve fully at this point.
What Affects How Long a Wrongful Death Lawsuit Takes?
The duration of a wrongful death lawsuit in Missouri varies widely.
While some cases resolve in under a year, others may take two or more, especially if the case is complex or contested.
Understanding the factors that influence the lawsuit timeline can help you set realistic expectations and feel more in control during the process.
No matter how strong your case may be, there are several key elements that can impact how long it takes to reach a resolution.
Key elements include:
- Number of Parties Involved
- Insurance Company Cooperation
- Disputes Over Liability or Causation
- Court Scheduling and Local Backlogs
- Willingness to Settle vs. Go to Trial
Number of Parties Involved
If your case involves just one defendant, such as an individual driver or property owner, the case may move forward more efficiently.
If multiple parties are potentially responsible, however, like in a product liability case involving a manufacturer, distributor, and retailer, each will have its own legal team, defenses, and timelines.
More parties means more pre-trial motions, more scheduling coordination, and potentially more negotiation hurdles.
Insurance Company Cooperation
Insurance companies play a large role in how quickly a wrongful death lawsuit progresses.
When insurers are cooperative, open to communication, and motivated to avoid trial, settlements can be reached relatively quickly.
But some insurers delay proceedings by disputing liability, undervaluing damages, or ignoring communication.
These tactics can significantly delay the filing process, the discovery process, and even settlement disbursement.
Disputes Over Liability or Causation
Cases involving disputed liability or unclear cause of death often take longer to resolve.
When the defense refuses to admit fault or blames another party, we must gather more evidence and possibly bring in expert witnesses to explain what happened.
Disputes can lead to extensive depositions, additional court hearings, and a much longer road to resolution.
Court Scheduling and Local Backlogs
Even if your case is ready for trial, you may have to wait for a court date. Missouri’s civil courts, particularly in busy areas like St. Louis or Kansas City, often have full dockets.
Trial dates are usually scheduled months in advance, and rescheduling can push your trial process back further.
Willingness to Settle vs. Go to Trial
Some defendants want to avoid negative publicity or lengthy court battles and will engage in meaningful negotiation.
Others may refuse to offer a fair settlement, forcing a trial. Whether or not your case settles can dramatically influence how long everything takes.
What Goes Into Your Wrongful Death Lawsuit Settlement
When families file a wrongful death lawsuit, they’re often unsure how much their case is worth or how that value is determined.
In Missouri, compensation calculation is based on several measurable and immeasurable losses, called damages.
No amount of money can replace your loved one, but a fair settlement can help ease the financial burden and recognize the deep emotional toll of your loss.
Tangible Losses: Economic Damages
These are losses that come with clear dollar amounts.
Economic damages may include:
- Medical expenses: These are often incurred before death, such as hospital bills or emergency care.
- Funeral and burial costs: These include transportation, services, and cremation or burial.
- Loss of future income: You may also claim pensions or benefits your loved one would have earned.
- Loss of household services: You’ll also be able to recover your out-of-pocket home expenses that the deceased would have provided, such as childcare or eldercare.
These figures are usually supported by documentation.
By documentation, we mean pay stubs, invoices, and tax returns.
These pieces of documentation help form the base of your settlement calculations.
The Human Impact: Non-Economic Damages
These are harder to quantify but no less important.
Non-economic damages represent the emotional suffering and disruption to your life caused by the loss.
Common non-economic damages include:
- Loss of companionship, guidance, or marital relationship
- Mental anguish experienced by surviving family members
- Loss of parental support, especially in cases where young children are left behind
Assigning value to these losses can be challenging, but courts and insurance companies consider similar past cases and expert testimony to guide the compensation calculation.
Unique Factors That Influence Value
Several case-specific factors can affect your potential average payout.
Factors include:
- The age and health of the deceased
- Their earning potential and career path
- The strength of the evidence and clarity of liability
- The number and needs of surviving dependents
- Whether the case goes to trial or is settled out of court
In some rare cases, punitive damages may be awarded.
These are intended to punish especially egregious conduct (such as willful neglect or repeated safety violations) and are more likely when corporate defendants are involved.
How TorHoerman Law Supports You Every Step of the Way
We understand that when you’re grieving the loss of a loved one, navigating a legal case is the last thing you want to worry about.
For this reason, our firm is here to support you, guide you, and shoulder the legal burden while you focus on healing.
At TorHoerman Law, we’re committed to making this process more manageable, more transparent, and more humane for you and your family.
Here’s what you can look forward to when you hire a personal injury firm for your wrongful death lawsuit.
You Get a Team That Handles the Details So You Can Breathe
From the moment you reach out, we take full responsibility for managing your case.
Our team helps by:
- Investigating the incident thoroughly
- Gathering all available evidence types
- Identifying responsible parties
- Filing all necessary documents within the statute of limitations
- Handling all communication with insurance companies, defendants, and the court
We know how overwhelming this can feel.
Our goal is to lift that weight off your shoulders so you can focus on what matters most — your family.
You Stay Informed and in Control — Without Feeling Overwhelmed
Legal processes can be confusing, especially during an already difficult time.
We explain every phase of the filing process, civil process, and trial process in plain language.
You’ll always know what’s happening and why.
We’ll update you regularly, but we’ll never bombard you with unnecessary legal jargon.
You have the final say in every major decision, and we’ll be there to walk you through the options when they come.
You Don’t Pay Anything Unless We Win
The fear of high legal fees may stop families from hiring a personal injury lawyer.
Knowing this, our firm works on a contingency fee basis.
Under this arrangement, you don’t owe us anything up front.
If we don’t win your case, you don’t pay.
We also offer free, no-obligation consultations, so you can get honest answers about your legal options before deciding whether to move forward.
TorHoerman Law: Take the First Step Towards Justice
No amount of compensation can bring your loved one back.
But filing a wrongful death claim can help secure your family’s future, hold responsible parties accountable, and provide a sense of closure.
If you’re considering legal action, don’t wait.
The statute of limitations in Missouri is only three years, and time passes quickly.
When you’re ready to take legal action, we’re a call away.
Contact TorHoerman Law today for a free, no-obligation consultation.
You can also use the chatbot on this page to determine if you’re eligible for a claim.
We’ll listen, answer your questions, and help you understand your options with compassion, clarity, and the dedication your family deserves.
