Missouri wrongful death damages can compensate surviving family members for medical expenses, funeral costs, lost wages, loss of companionship, and pain and suffering experienced before death. In most wrongful death cases, there are no caps on economic or non-economic damages — only medical malpractice carries a statutory limit. Bur Oak Injury Law helps Columbia families calculate full compensation and pursue every dollar they're owed.
(573) 499-0200 — Free ConsultationA wrongful death case is not only about money — it is about financial security, justice, and accountability after a loved one has been killed because of another person's negligence, medical error, unsafe conduct, or reckless act. Missouri law under §537.090 allows surviving family members to claim economic damages, non-economic damages, and potentially punitive damages. Families cannot recover solely for emotional grief or sorrow — compensation focuses on loss of relationship and financial support — which is why experienced legal representation is essential to frame the losses correctly.
Compensation helps a family maintain stability after losing the income, support, and services the deceased provided for the household and dependents.
A wrongful death lawsuit holds negligent parties responsible and can help prevent similar fatalities from happening to other families in central Missouri.
Missouri allows recovery of medical expenses incurred before death, as well as reasonable funeral and burial costs paid by the family.
Lost wages and future income calculations consider the deceased's expected earnings, education, skill set, and working lifetime — with higher values for younger victims.
Missouri allows compensation for pain and suffering experienced by the deceased before death, plus the family's loss of companionship, guidance, comfort, and support.
Unlike medical malpractice cases, most wrongful death claims in Missouri carry no statutory cap on economic or non-economic damages — recovery is limited only by the evidence.
Before representing families in court, Chris Miller served as a government attorney in the Missouri Department of Labor and administered the Division of Workers' Compensation — the state body where disputed benefit claims are heard and decided. That experience gives him a clear picture of how insurers evaluate compensation claims and what evidence makes a damages calculation stick. Bur Oak Injury Law works with economists, medical experts, and life-care specialists to build the most complete damages picture possible. Your case stays with Chris from the first call to the final outcome.
Missouri wrongful death damages fall into three broad categories: economic losses, non-economic losses, and punitive damages for egregious conduct. Understanding every component ensures no part of the family's loss goes uncompensated.
All medical costs incurred from the time of the fatal injury through death — emergency care, hospitalizations, surgery, medication, and related treatment.
Reasonable funeral and burial expenses, cremation costs, memorial services, and related end-of-life costs paid by the family after the victim's death.
Economic damages include lost wages, employment benefits, retirement contributions, and the future income the deceased would likely have earned over their working lifetime.
Surviving family members may recover for loss of companionship, consortium, comfort, guidance, counsel, training, and support provided by the deceased.
Missouri allows compensation for pain and suffering experienced by the deceased before death due to the fatal injury — but grief alone is not a separate recoverable item.
Economic damages include the value of childcare, transportation, maintenance, caregiving, and daily family support the deceased provided. Missouri law presumes service value at 110% of the state's average weekly wage for non-employed full-time caregivers.
A claim may include financial losses tied to the income, savings, and assets the deceased would likely have accumulated and passed on to a minor child or dependent relatives.
The emotional and relational impact of losing companionship, guidance, and support can factor into non-economic damages — though pure grief alone is not separately recoverable under Missouri law.
Missouri juries may award additional damages for aggravating circumstances — such as willful, malicious, or grossly negligent conduct — to punish the defendant and deter similar behavior.
Missouri requires formal court review and approval of all wrongful death settlements to ensure fair distribution of compensation among eligible beneficiaries.
We begin with a free consultation to assess the strength of the wrongful death claim, identify who has legal standing, and determine whether the death was caused by negligence, medical malpractice, a dangerous condition, or another wrongful act. Our investigation may include reviewing medical records, police reports, workplace records, photographs, witness statements, and insurance information — because proving duty, breach, causation, and damages requires documented evidence.
We calculate the full value of economic and non-economic losses. Economic damages include medical expenses, funeral costs, lost wages, and loss of services. When needed, we work with economists, financial experts, medical specialists, and life-care planners to build a complete picture of what the family has lost. Missouri law also recognizes a rebuttable presumption that the value of services provided by a non-employed full-time caregiver equals 110% of the state's average weekly wage.
A wrongful death petition is filed to begin the civil lawsuit. Missouri's statute of limitations requires filing within three years of death under §537.100 — medical malpractice cases may have a stricter two-year deadline. During discovery, both sides exchange evidence and depositions. We negotiate with insurance companies and opposing counsel for a fair settlement while preparing the case as though it may go to trial.
If settlement negotiations don't produce fair compensation, we take the wrongful death lawsuit to trial. Trial preparation includes expert testimony, damages exhibits, medical proof, financial projections, and evidence of how the death affected the family. Missouri allows only one wrongful death lawsuit per victim, so all eligible family members must consolidate their claims. Court approval is required for all settlements to ensure fair distribution among beneficiaries.
Missouri wrongful death law distinguishes between two primary damage categories. Economic damages are financial, measurable losses: medical expenses before death, funeral and burial costs, lost wages, future earning capacity, and the value of household services the deceased provided. Non-economic damages cover the human losses that don't appear on a pay stub — loss of companionship, guidance, counsel, comfort, and the relational support surviving family members depended on. In most wrongful death cases, Missouri places no statutory cap on either category. The exception is medical malpractice: under Missouri §538.210, non-economic damages in malpractice wrongful death cases are capped at amounts that adjust annually for inflation (roughly $435,000 for non-catastrophic and $761,000 for catastrophic injuries in recent years). Cases stemming from vehicle accidents, workplace deaths, premises liability, and product defects carry no similar restriction.
After a wrongful death settlement or verdict is reached, Missouri courts must formally review and approve the distribution to ensure every eligible family member receives a fair and just share. The court considers each beneficiary's relationship to the deceased, the pecuniary and non-pecuniary losses each has suffered, and the overall circumstances of the case. Only one wrongful death action may be filed per victim — all eligible family members under §537.080 (surviving spouse, children, parents, and in some cases grandchildren or siblings) must coordinate their claims in a single proceeding. An attorney helps manage the plaintiff coordination, court approval process, lien resolution, and final distribution so the full recovery reaches the family.
There is no reliable average because each case depends on the circumstances of the death, available evidence, the deceased's income, the family's losses, insurance limits, liability disputes, and whether medical malpractice caps apply. In Missouri, there are no caps on economic or non-economic damages for most wrongful death cases — so recovery is bounded by the evidence, not a statutory number.
Eligible family members include the surviving spouse, children, grandchildren, and parents of the deceased. If none are available, siblings or their descendants may file. Missouri law allows only one wrongful death lawsuit per victim, so multiple family members must consolidate their claims in a single action. The court then distributes compensation among qualified beneficiaries.
Missouri requires a wrongful death lawsuit to be filed within three years from the date of the victim's death under §537.100. Medical malpractice wrongful death cases may carry a stricter two-year deadline. Because evidence disappears quickly, contacting an attorney as soon as possible after the death preserves critical options.
In most wrongful death cases, there are no caps on economic or non-economic damages in Missouri. The exception is medical malpractice: §538.210 caps non-economic damages at amounts that adjust annually for inflation — roughly $435,000 for non-catastrophic and $761,000 for catastrophic injuries in recent years. Cases involving vehicle accidents, workplace deaths, premises liability, and product defects carry no such restriction.
If your loved one died because of someone else's negligence, Bur Oak Injury Law will evaluate your wrongful death damages claim for free. Call (573) 499-0200 or contact us online today.