Springfield Wrongful Death Attorney

Filing A Wrongful Death Claim In Springfield, MO

What Is Wrongful Death?

Wrongful death in Missouri occurs when a person's death is directly caused by the negligent, reckless, or intentional actions of another. This means there must be a clear causal link between the defendant's conduct and the decedent's death. In essence, the defendant's actions (or inaction) must have been a substantial factor in bringing about the fatality. Missouri law recognizes the profound impact such a loss has on surviving family members, which is why it allows them to seek compensation through the legal system.

It's a type of personal injury claim where the survivors of the deceased person can file a lawsuit to seek compensation for their losses. This includes not only economic damages like lost wages or medical expenses but also non-economic damages such as emotional pain and loss of companionship, ensuring a comprehensive remedy for the family affected.

Missouri Wrongful Death Accident Statistics and Initiatives

Missouri has now recorded three consecutive years of declining traffic fatalities, marking a significant milestone in the state’s roadway safety efforts. According to the Missouri Department of Transportation (MoDOT), preliminary figures show there were 911 fatalities on Missouri roadways in 2025, down from 955 in 2024 — a 5% decrease.

While this downward trend is encouraging, officials emphasize that more than 900 lives lost in a single year remains far too many. Missouri leaders, including Governor Mike Kehoe, have urged drivers to continue practicing safe driving habits, including wearing seat belts, avoiding distracted driving, slowing down — particularly in work zones — and never driving while impaired.

Historically, several factors have contributed to serious and fatal crashes across the state, including lack of seat belt use, distracted driving, excessive speed, and impaired driving. Motorcyclists and pedestrians also remain among the most vulnerable road users. As Missouri works to sustain and build upon recent progress, officials continue to stress that individual driver choices play a critical role in reducing preventable deaths.

The announcement coincides with the launch of an updated “Show-Me Zero” plan, a statewide initiative focused on reducing traffic fatalities through education, enforcement, engineering, and emergency response. State leaders have set an ultimate goal of zero roadway deaths and are calling on communities, schools, businesses, and families to help make Missouri roads safer for everyone.

Common Causes of Wrongful Death

Examples of wrongful acts that could lead to a wrongful death claim include:

• Car accidents: Negligent driving, such as speeding or drunk driving, can result in fatal crashes. This risk is compounded in high-traffic or poorly lit areas, emphasizing the need for constant awareness and caution.
• Truck accidents: Overloading, driver fatigue, maintenance issues, improper loading, and aggressive driving can contribute to fatal crashes. Misjudgments in speed or distance when near large vehicles can prove deadly, making safe driving around them crucial.
• Pedestrian accidents: Negligent drivers who may strike pedestrians can be held liable for wrongful death. This is particularly concerning in urban areas where pedestrian foot traffic and vehicle traffic intersect their paths.
• Motorcycle accidents: Failure to yield, improper lane changes, or other negligent driving can lead to fatal motorcycle accidents, as motorcyclists are often less protected than those in cars.
• Bicycle accidents: Drivers who fail to share the road or strike cyclists can be liable for wrongful death, underscoring the importance of awareness and road-sharing.
• Product liability: Defective products that cause injuries or death can lead to wrongful death claims against the manufacturer or seller, highlighting the critical need for consumer product safety and accountability.
• Workplace accidents: Employers have a duty to provide a safe working environment, and failure to do so can result in fatal accidents. Ensuring proper training and maintenance of safety protocols is essential.
• Construction accidents: Inadequate safety measures, such as lack of fall protection, improper storage or handling of heavy materials, or exposure to live electrical wires or equipment, can lead to fatal falls, heavy object falls, or electrocution. The high-risk nature of construction work demands vigilant adherence to safety standards.
• Slip and falls: Negligent property owners who fail to maintain safe premises can be liable for injuries or death. Ensuring regular maintenance and repair of property features like walkways can prevent such tragedies.
• Dog bites: Property owners may be liable for injuries or death caused by their animals. It's essential to secure potentially dangerous animals to prevent incidents.

Proving Wrongful Death in Missouri

To prove a wrongful death claim in Missouri, you generally need to establish the following elements:

• Duty of Care: The defendant owed a legal duty to the deceased. This could be a doctor-patient relationship, a driver-pedestrian relationship, or an employer-employee relationship, among others. Understanding the specific nature of this duty is pivotal in substantiating the claim.
• Breach of Duty: The defendant breached their duty of care by acting negligently, recklessly, or intentionally. Documenting this breach may involve detailed investigations and gathering comprehensive evidence.
• Causation: The defendant's breach of duty directly caused the decedent's death. This often requires expert testimony to establish a causal link. Expert insights can be crucial in complex scenarios where multiple factors may appear relevant.
• Damages: The plaintiff (survivors of the deceased) suffered damages as a result of the wrongful death. These damages can include loss of financial support, emotional distress, loss of companionship, and funeral expenses. Properly quantifying these losses can significantly impact the outcome of the claim.

Evidence That Can Help Support a Wrongful Death Claim in Springfield

The following evidence may be used to support a wrongful death case:

• Medical records: These can help establish the cause of death and any medical negligence. Comprehensive medical documentation can provide clear links between the incident and the eventual outcome.
• Witness testimony: Eyewitnesses can provide valuable information about the accident or event that led to the death. Their firsthand accounts can play a significant role in reconstructing the incident.
• Expert testimony: Professionals in various fields, such as medicine, engineering, or accident reconstruction, can provide crucial evidence to support the claim. Their objective analyses often help clarify complex technical details.
• Police reports: These can document the circumstances surrounding the incident. Official records can include critical details like time, place, and conditions present at the time of the incident.
• Photographs and videos: Visual evidence can help illustrate the scene and the events leading up to the death. The ability of visual evidence to convey context and detail often surpasses written descriptions alone.

Who Can File a Wrongful Death Claim Under Missouri Law?

In Missouri, the right to file a wrongful death claim is governed by a specific order of priority under Missouri Revised Statutes § 537.080. The following individuals may file a wrongful death claim:

• Immediate family members: The primary individuals eligible to file are the decedent's surviving spouse, children (including adopted children), or parents of the deceased. Prioritizing these family members acknowledges their direct relationship to the deceased.
• Siblings: If there are no surviving spouses, children, or parents, the decedent's siblings or their descendants may bring a wrongful death claim. This provision ensures that wider familial networks remain considered in obtaining justice.
• Personal representative: If no eligible family members exist, a personal representative of the deceased's estate can file the claim. This role is crucial to ensure that someone legally stands in for the interests of the deceased's estate in the legal process.
• Plaintiff ad litem: If no family members or personal representatives are available or willing to file a claim, the court can appoint a plaintiff ad litem to pursue the claim on behalf of those entitled to the decedent’s estate. This measure ensures that justice can still be pursued even when other personal representatives are absent or unwilling.

How to Start a Wrongful Death Claim in Springfield

Families starting a wrongful death claim in Springfield can generally expect the following steps:

• Initial case review: Your legal team will listen to your story, answer questions, and review basic facts about what happened to determine whether a wrongful death claim may be appropriate.
• Investigation and evidence gathering: Records, photographs, witness statements, and other documentation are collected and analyzed to build a clear picture of how the death occurred and who may be responsible.
• Filing in the proper court: Once there is a solid foundation for the case, the claim is filed in the appropriate civil court, such as the Greene County Circuit Court for many Springfield matters, to formally begin the lawsuit.
• Ongoing case management: Throughout negotiations, hearings, and, if needed, trial, your legal team keeps you updated, explains each step, and helps you make informed decisions about how to move forward.

Once the initial assessment is complete, a formal claim can be filed in the appropriate civil court. It's essential to adhere to Missouri's legal procedures and timelines to ensure the claim proceeds smoothly. Seeking experienced legal representation from a Springfield wrongful death attorney can greatly simplify this process and help alleviate the added stress on the affected families.

Missouri Statute of Limitations for Wrongful Death

In Missouri, the statute of limitations for filing a wrongful death claim is generally three years from the date of the deceased person’s death. This means that surviving family members or eligible parties have three years to file a wrongful death lawsuit in civil court. If a claim is not filed within this time frame, it is likely to be barred, and the right to seek compensation may be lost. Understanding and adhering to this timeline is critical in ensuring that you retain your legal rights. Professional legal guidance from a wrongful death attorney in Springfield can help navigate this timeframe effectively and reduce the chance of forfeiting a claim.

Damages Available in a Wrongful Death Claim

Whether it was a work injury, car accident, medical error, defective product, or anything else that caused your loved one's death, our team at Aaron Sachs & Associates, P.C. is here to help you. We understand the complexities involved and are committed to providing thoughtful guidance and steady support throughout the entire process.

Contact our office or call (888) 287-1046 to request a free consultation and learn how our wrongful death attorneys in Springfield can assist with your claim.