Our firm is locally owned and delicately handles Missouri wrongful death cases arising from car, truck, motorcycle, and rideshare accidents.
Losing a family member in a car accident is one of the hardest things a person can go through. On top of the grief, families are often left with medical bills, funeral costs, and the sudden loss of income and support. A wrongful death lawsuit exists to address those losses, but for most families, it is unfamiliar territory, and not knowing what comes next can make an already painful time harder.
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Step 1: Determining Who Can File
Missouri law sets a specific order for who may bring a wrongful death claim. Under Missouri Revised Statutes Section 537.080, the right to file belongs first to the surviving spouse, children (or the children’s descendants), and parents of the person who died. If no one in that first group exists, the right passes to surviving siblings or their descendants. If there are no eligible family members in either group, a court may appoint a plaintiff ad litem to bring the claim.
An important detail: Missouri allows only one wrongful death action per death. Family members do not file separate competing lawsuits. Instead, one action is brought on behalf of everyone entitled to recover, and the court later decides how any recovery is divided among them. Sorting out who files, and making sure every eligible family member’s interests are represented, is often one of the first things an attorney helps with.
Step 2: Investigation and Case Building
Before anything is filed, the case has to be built. In a fatal car accident case, that often includes gathering the police crash report, photographs and physical evidence from the scene, witness statements, vehicle data, and medical and autopsy records. In some cases, accident reconstruction may be needed to establish how the crash happened and who was at fault.
This stage matters because the insurance company for the at-fault driver will be conducting its own investigation, and its goal is to limit what it pays. Evidence can disappear quickly. Vehicles are repaired or salvaged, skid marks fade, and witnesses become harder to reach. Starting the investigation early often makes a meaningful difference in how strong the case is later.
Step 3: The Insurance Claim and Demand
Many wrongful death cases begin as insurance claims rather than lawsuits. Once the evidence supports it, your attorney typically presents a demand to the at-fault driver’s insurer setting out what happened, why their insured is responsible, and the losses your family has suffered.
Some cases resolve at this stage. Many do not, either because the insurer disputes fault, disputes the value of the losses, or simply delays. When that happens, filing suit is the next step, and it often changes the insurer’s posture, because a lawsuit comes with deadlines and the real prospect of a jury.
Step 4: Filing the Lawsuit
A wrongful death lawsuit formally begins when a petition is filed with the court, usually in the county where the crash occurred or where the defendant resides. The petition identifies the parties, describes the crash, and sets out the legal basis for holding the defendant responsible.
Timing matters here. Missouri’s statute of limitations for wrongful death claims is generally three years from the date of death. That is shorter than the five-year window that applies to many Missouri personal injury claims, which surprises many families. Waiting too long can mean losing the right to recover entirely, no matter how strong the case is.
Step 5: Discovery
After the lawsuit is filed, both sides exchange information through a process called discovery. This typically includes written questions (interrogatories), requests for documents, and depositions, which are recorded interviews under oath.
Family members may be deposed about the person they lost, the relationship they shared, and the financial and emotional impact of the death. This can be an emotional part of the process, and a good attorney prepares you for it thoroughly. Discovery often takes several months, and in more complex cases it can take longer.
Step 6: Negotiation and Mediation
Most wrongful death cases resolve before trial. As discovery clarifies the strengths of each side’s position, settlement discussions usually intensify. Courts often order the parties to attend mediation, where a neutral mediator works with both sides to explore resolution.
Whether to accept a settlement offer is always the family’s decision. Your attorney’s role is to make sure you understand what the offer represents, how it compares to what a jury might do, and what accepting or declining would mean for your family.
Step 7: Trial, If Necessary
If the case does not settle, it proceeds to trial. Each side presents evidence and witnesses, and a jury (or in some cases a judge) decides whether the defendant is liable and, if so, what damages are owed. Trials in wrongful death cases may last several days or longer depending on complexity.
Only a small percentage of cases reach this point, but preparing every case as though it will go to trial tends to produce better outcomes at every earlier stage, because insurers evaluate cases differently when they know the other side is ready.
Step 8: Court Approval and Distribution
Missouri handles the end of a wrongful death case differently than an ordinary injury claim. Under Section 537.095, any wrongful death settlement must be approved by the court. The court also decides how the recovery is apportioned among the family members entitled to share in it, based on the losses each person suffered. This built-in court oversight protects every eligible family member, including minors.
What Damages May Be Recovered
Missouri law (Section 537.090) allows a wrongful death recovery to account for losses such as funeral and burial expenses, medical expenses related to the fatal injury, the financial support and services the person would have provided, and the loss of companionship, comfort, guidance, and counsel. The law may also allow recovery for the pain and suffering the person experienced between the injury and their death.
What a particular case may be worth depends entirely on its facts. Be cautious of anyone who promises a specific result. Every case is different, and results depend on the facts.
How the Hoffmann Law Firm Can Help
Wrongful death is when a person’s negligent, reckless, or careless actions cause the death of another. This responsible party may be liable for the financial losses of the victim’s family. At The Hoffmann Law Firm, our St. Louis wrongful death lawyer has been helping families pursue accountability and the maximum available compensation after fatal car crashes and negligent acts since 1998.
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