If you have lost a loved one due to someone else’s negligence in Missouri, understanding your legal rights is a critical first step toward justice. This guide covers Missouri’s wrongful death laws, profiles three law firms that handle these cases, and answers the most important questions families face.
Introduction
Losing a family member due to another party’s negligence is devastating. Missouri is highly favorable for wrongful death plaintiffs – the state Supreme Court struck down damage caps as unconstitutional in 2012, leaving families with the ability to pursue unlimited compensation.
Missouri Wrongful Death Laws
The Missouri Wrongful Death Statute
Missouri’s wrongful death law is governed by Missouri Revised Statutes § 537.080. The statute allows certain family members to file directly.
Who Can File
Missouri allows the spouse, children, or parents of the deceased to file directly.
Statute of Limitations
Missouri imposes a 3-year statute of limitations, measured from the date of death.
Recoverable Damages
Missouri allows recovery for pecuniary loss, loss of companionship, and funeral expenses. There are no caps on wrongful death damages in Missouri – the Missouri Supreme Court struck down damage caps as unconstitutional in 2012.
Survival Action
Missouri maintains a separate survival action alongside the wrongful death claim.
Top 3 Wrongful Death Attorneys in Missouri
1. The Simon Law Firm, P.C.
Location: St. Louis, MO
Phone: (314) 241-2929
Website: https://simonlawpc.com
An elite litigation group renowned for medical malpractice and defective product wrongful death cases. Because Missouri’s 2012 Supreme Court ruling eradicated caps, this firm aggressively targets hospitals and major manufacturers, utilizing top-tier experts to secure massive, uncapped verdicts for severe loss of companionship and pre-death suffering.
2. Brown & Crouppen Law Firm
Location: St. Louis, Kansas City, MO (Statewide)
Phone: (800) 536-4357
Website: https://brownandcrouppen.com
One of the most recognizable and well-resourced firms in the Midwest. They excel at handling high-volume, complex fatal auto and commercial trucking accidents. Since family members can file directly in Missouri, Brown & Crouppen provides immediate, compassionate representation to secure vital evidence.
3. Langdon & Emison
Location: Lexington, Kansas City, MO (National reach)
Phone: (800) 397-4910
Website: https://langdonemison.com
Nationally recognized for expertise in fatal auto defects – defective seatbelts, rollovers – and commercial trucking disasters. Their deep engineering knowledge and aggressive trial tactics ensure families receive maximum, uncapped compensation for their losses.
Frequently Asked Questions
Why are there no damage caps in Missouri?
In 2012, the Missouri Supreme Court ruled that statutory damage caps violated the Missouri Constitution. This ruling means juries – not the legislature – determine the appropriate level of compensation, with no statutory ceiling.
Who can file in Missouri?
Missouri allows the spouse, children, or parents to file directly, without needing a court-appointed Personal Representative.
What should I do immediately after losing a loved one due to negligence?
Contact a wrongful death attorney as soon as possible. The 3-year deadline runs from the date of death. Preserve all evidence and do not speak with insurance companies before consulting an attorney.
Closing
Missouri’s unconstitutional cap ruling and direct filing rights make it a strong jurisdiction for wrongful death plaintiffs. The firms listed above have the trial experience to maximize recovery. If you have lost a loved one due to another party’s negligence, contact one of these attorneys today.
For immediate grief support, contact the National Alliance for Grieving Children at (866) 432-1542.