Filing a wrongful death lawsuit in Missouri involves specific steps, strict deadlines, and legal requirements that demand attention to detail. Knowing what to expect can help you protect your rights and pursue the compensation your family deserves. Here’s a straightforward guide to the wrongful death filing process in Missouri.
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Step 1: Determine Your Eligibility as a Plaintiff
Before you can file a wrongful death lawsuit in Missouri, you need to confirm that you have the legal standing to do so. Missouri law is very specific about who can bring these claims, and speaking with a wrongful death attorney in Kansas City should be your first step to verify your eligibility.
The law establishes a clear order of priority for who can file. Surviving spouses come first, followed by the deceased’s children or grandchildren. When no spouse or children survive, the deceased’s parents may file. If none of these family members are available, siblings, nephews, or nieces may be eligible. In cases where no qualifying family members exist, the court can appoint a representative to file.
Step 2: Gather Evidence and Documentation
Building a strong wrongful death case requires thorough documentation. You will need to collect evidence that proves both liability and damages. This includes medical records, death certificates, accident reports, witness statements, and any documentation of the deceased’s income and financial contributions to your family.
You should also gather evidence showing the emotional and financial impact of your loss—things like funeral expenses, medical bills from the final illness or injury, and proof of lost household services. Your attorney can help identify what evidence will be most valuable and may work with experts like medical professionals or accident reconstruction specialists to strengthen your case.
Step 3: File Your Lawsuit within the Statute of Limitations
Timing is critical in wrongful death cases. Missouri statute of limitations for wrongful death cases gives you three years from the date of death to file your lawsuit. This deadline is firm, and missing it typically means losing your right to pursue compensation. While three years might seem like plenty of time, gathering evidence, investigating the circumstances, and preparing a strong case takes considerable effort. Starting the process early gives your attorney time to build the strongest possible case without rushing to meet the deadline.
Step 4: Navigate the Discovery and Negotiation Process
After your wrongful death lawsuit is filed, both sides enter the discovery phase. This involves exchanging information, taking depositions, submitting written questions, and requesting documents.
During this time, settlement negotiations often occur. Many wrongful death cases settle before trial. Your attorney will negotiate on your behalf and advise you on whether settlement offers are fair, given the full extent of your damages.
Step 5: Go to Trial for a Jury Verdict
If settlement negotiations do not result in fair compensation, your case will proceed to trial. Your attorney will present evidence, call witnesses, and argue your case before a jury. The jury will then decide whether the defendant is liable and, if so, what damages you should receive.
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Filing a wrongful death lawsuit means navigating court deadlines, complex procedures, and legal requirements that can feel overwhelming. One missed deadline or procedural error could jeopardize your entire claim. Dollar, Burns, Becker, and Hershewe handles every aspect of the filing process, taking the legal burden off your shoulders. Contact us at (816) 876-2600 today and discuss your case with a Missouri wrongful death lawyer.