What a wrongful death claim is
A wrongful death claim is a civil case brought by certain surviving family members when someone dies because of another person's negligent or intentional act. It is separate from any criminal case.
Missouri and Illinois each have specific statutes that control who can bring the claim, what damages are available, and how any recovery is divided. The rules are different between the two states, and which state's law applies matters.
What damages cover
Wrongful death compensation is meant to account for what the family actually lost.
- Medical and funeral expenses
- Lost future earnings and benefits
- Loss of financial support and services
- Loss of companionship, guidance, and counsel
- The pain and suffering the decedent experienced before death (a separate 'survival' claim)
How we approach these cases
1. Listening
Before anything legal, we want to understand what happened and what the family needs. That guides the case.
2. Investigation
Full investigation including any criminal records, police reports, medical records, and scene evidence. We often bring in experts early.
3. Estate matters
Most wrongful death cases require opening a probate estate. We coordinate with estate counsel if needed.
4. Litigation
These cases are almost always filed. They rarely settle cheaply before suit. We prepare them for trial and negotiate from strength.
Who can file
In Missouri, there is a hierarchy: spouse and children first, then parents, then siblings, in that order. In Illinois, the claim belongs to the estate on behalf of the surviving spouse and next of kin. These rules matter and we walk you through them.
Why early matters (with care)
There is no rush to make legal decisions while you are grieving. But evidence does fade and statutes of limitations do apply. A simple phone call now does not lock you into anything. It just preserves your options.