The sudden, preventable loss of a family member due to someone else’s negligence is among the most devastating experiences a family can endure. When a fatal accident occurs in Independence, Missouri — whether in a car crash, truck collision, premises incident, or other tragedy — Missouri law gives surviving family members the right to seek justice and financial accountability through a wrongful death claim.
SWL Injury Law handles wrongful death cases throughout Jackson County with the compassion and tenacity grieving families deserve. We take every aspect of the legal process off your shoulders so that you can focus on your family while we pursue accountability for what happened.
These cases require both legal skill and deep sensitivity. Our attorneys take the time to fully understand what your family has lost — financially, emotionally, and relationally — and fight for compensation that reflects the true magnitude of that loss.
Missouri law gives you 5 years to file a personal injury claim — but don’t wait. Evidence disappears, witnesses move, and memories fade. If you were injured in Independence, call SWL Injury Law today: (844) SWL-WINS.
Missouri’s wrongful death statute (RSMo 537.080) allows certain family members to bring a wrongful death claim when a person is killed due to another’s negligence. Those entitled to bring the claim are, in order: the deceased’s spouse, children, and grandchildren; or if none, the deceased’s parents or siblings; or if none, any plaintiff who was damaged by the death. The claim must be filed within 3 years of the date of death (RSMo 537.100).
Missouri wrongful death damages include: the economic value of the deceased’s future earnings and services; funeral and burial expenses; the value of companionship, comfort, instruction, guidance, counsel, training, and support the deceased would have provided; and the mental anguish suffered by surviving family members. Missouri does not cap wrongful death compensatory damages, which is critically important for families who have lost a primary earner or caregiver.
Missouri also allows a separate survival action to recover for the deceased’s own pain and suffering, medical expenses, and lost wages from the time of injury to death. SWL Injury Law pursues both claims simultaneously to maximize your family’s total recovery.
Missouri’s wrongful death statute (RSMo 537.080) sets a priority order: first, the surviving spouse, children, or grandchildren of the deceased; second, if none exist, the deceased’s parents or siblings. Only one wrongful death action may be filed, and the recovery is shared among eligible family members based on their relationship and the nature of their loss. SWL Injury Law can advise your family on eligibility and how recovery would be distributed.
Missouri’s wrongful death statute of limitations is 3 years from the date of death (RSMo 537.100). This is shorter than Missouri’s general 5-year personal injury deadline. Missing this deadline is fatal to the claim. If the death involved a government entity, a notice of claim may be required within 90 days. Contact SWL Injury Law immediately.
A wrongful death claim (RSMo 537.080) compensates surviving family members for their own losses — lost support, companionship, and grief. A survival action (RSMo 537.020) allows the estate to recover for the deceased’s own damages between the time of injury and death — pain and suffering, medical expenses, and lost wages. Missouri allows both types of claims to be filed simultaneously, and SWL Injury Law pursues every avenue of recovery for your family.
Ready to get started? SWL Injury Law represents clients throughout Independence and Jackson County. Your consultation is free and you pay nothing unless we win. Call (844) SWL-WINS or visit swlinjurylaw.com to fill out our online form.
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