Understanding Compensation for Wrongful Death Cases

June 12, 2026 Wrongful Death Written by Jeff Singer
Table of Contents

Key Takeaways

  • Missouri law allows eligible family members to sue for wrongful death when negligence causes a loved one’s death.
  • Filing a wrongful death claim requires proving duty, breach, causation, and damages under Missouri law.
  • No single average settlement exists; recoveries vary widely based on the facts of each case.
  • Missouri law allows recovery for financial losses, funeral costs, and loss of companionship.
  • Only specific relatives and estate representatives may file a wrongful death claim under Missouri law.

Losing a family member is devastating under any circumstance, but when that loss results from someone else’s negligence, the grief is compounded by questions about what happens next and who is responsible. Compensation for wrongful death cases exists for this situation: to hold negligent parties accountable and to provide surviving family members with a measure of financial stability after an unthinkable loss.

At Goldblatt + Singer, we guide families across St. Louis through every step of this process, from understanding what a claim involves to pursuing the recovery the law allows.

Contact a Goldblatt + Singer St. Louis Personal Injury Lawyer Today

What Is a Wrongful Death Claim?

A wrongful death claim is a civil lawsuit filed on behalf of surviving family members when a person dies because of another party’s negligent, reckless, or intentional conduct. Unlike a criminal prosecution, a wrongful death case does not seek to punish the defendant with imprisonment. Its purpose is financial: to compensate the people who suffered the most from the loss.

Under Missouri Revised Statute § 537.080, any party who would have been liable to the deceased person for personal injury is equally liable for damages following that person’s death. That obligation does not disappear because the victim did not survive. This principle sits at the foundation of every wrongful death case our attorneys can handle in St. Louis.

compensation for wrongful death

Filing a wrongful death case in Missouri requires satisfying four legal elements. Each one must be supported by evidence before a claim can succeed.

Duty of Care

The defendant owed the deceased a legal duty of care. A driver owes a duty to other motorists. A property owner owes a duty to lawful visitors. A manufacturer owes a duty to the people who use its products.

Breach of Duty

The defendant violated that duty through negligent, reckless, or intentional conduct. Running a red light, maintaining a hazardous property, or selling a defective product are all examples of breach.

Causation

The breach directly caused the death. Missouri courts require a clear connection between the defendant’s conduct and the fatal outcome, not simply because the death occurred around the same time.

Damages

The surviving family members suffered measurable losses as a result of the death. The scope of what Missouri law allows families to recover is broader than most people expect.

Missouri also imposes a statute of limitations on wrongful death claims. Families generally have three years from the date of death to file a lawsuit. Missing that window typically bars the claim entirely, which is one reason reaching out to a wrongful death attorney early matters.

Is There Any Average Compensation for Wrongful Death Cases?

No single figure applies across wrongful death cases. Settlements and verdicts span an enormous range, from modest five-figure recoveries to multi-million dollar judgments, depending on the circumstances of the death, the financial profile of the survivors, and the strength of the liability case.

A 29-year-old worker with a wife and three children will present a very different financial picture than a retired individual with no dependents. Our attorneys have secured results ranging from $4.8 million in a trucking wrongful death case to $7.5 million following a carbon monoxide death in a Missouri airplane hangar. What compensation for wrongful death ultimately looks like depends on the facts unique to each family’s situation.

These examples reflect some of our past cases. Prior results do not guarantee a similar outcome, as every case depends on its own facts, evidence, and applicable law.

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Factors That Can Affect a Wrongful Death Case

Several variables shape the value of a wrongful death claim. Missouri attorneys and insurance adjusters can consider all of the following:

  • Age and health of the deceased: Younger victims with longer expected working lives typically generate higher economic damages calculations.
  • Earning history and future earning capacity: Lost income is one of the most significant components of economic damages. Courts consider the deceased’s occupation, salary, and career trajectory.
  • Number and financial dependence of survivors: The more survivors who depended on the deceased for support, the broader the financial impact the claim can document.
  • Strength of liability evidence: Clear, well-documented negligence, such as a toxicology report showing impairment or surveillance footage of the incident, tends to strengthen a claim’s negotiating position.
  • Degree of the defendant’s fault: Missouri follows a pure comparative fault system, meaning compensation may be reduced if the deceased person is found partially responsible for the incident.
  • Insurance policy limits: The defendant’s available insurance coverage can cap the practical recovery in some cases.

What Type of Compensation May Be Available?

Missouri Revised Statute § 537.090 gives the trier of fact broad authority to award damages that are “fair and just” for the death and losses sustained. The categories of recoverable compensation can include:

  • Pecuniary losses: Financial support the deceased would have provided to surviving family members, including wages, benefits, and the value of household services.
  • Funeral and burial expenses: Reasonable costs associated with laying the deceased to rest.
  • Medical expenses: Bills incurred for treatment between the time of injury and the time of death.
  • Loss of services, consortium, and companionship: The statute specifically names the loss of services, consortium, companionship, comfort, instruction, guidance, counsel, training, and support suffered by surviving family members.
  • Pre-death pain and suffering: Damages the deceased could have recovered had they survived, covering the physical and emotional suffering experienced before death.
  • Punitive damages: In cases involving willful or egregious conduct, a court may award punitive damages to punish the defendant and discourage similar behavior in the future.

Missouri law does not cap these damages in most wrongful death cases. The compensation for wrongful death available under Missouri law is broad by design, giving families the opportunity to present the full scope of their losses to the jury.

Who Can File a Wrongful Death Claim?

Missouri law establishes a specific order of priority for who may bring a wrongful death claim. Not every relative qualifies, and the eligibility rules matter:

  • A surviving spouse, children, or grandchildren of the deceased have priority to file.
  • If no spouse or descendants survive, the deceased’s parents or siblings may bring the claim.
  • If none of the above relatives survive, a plaintiff ad litem appointed by the court may file on behalf of the estate.

Under the law, only one wrongful death action may be brought for any given death, and all eligible survivors generally must be included in that single proceeding. If multiple family members disagree about how to proceed, or if there is a dispute over who qualifies, a wrongful death attorney can guide the family through the process before those tensions complicate the legal claim.

Call Now an Injury Lawyer for a Free Case Consultation

Families who have lost a loved one due to someone else’s negligence deserve answers and a clear path forward. Our team at Goldblatt + Singer can help pursue the compensation for wrongful death your family deserves. Do not wait to get the help you need.

Contact us today at (314) 231-4100 for a free case evaluation. There is no fee unless we recover for you.

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Jeffrey Singer

Jeff Singer, Managing Partner at Goldblatt + Singer for over a decade, is a seasoned personal injury attorney known for his compassionate yet tough advocacy. He has resolved hundreds of cases and recovered millions for clients. Recognized as a Missouri Super Lawyer and Top 100 National Trial Lawyer, Jeff also serves on the Missouri Bar’s Chief Disciplinary Committee and the Board of Governors for the Missouri Association of Trial Attorneys.

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This page has been created, edited, and reviewed by a team of legal writers following our thorough editorial guidelines. It was approved by our Founding Partner, Jeffrey Singer, who has over 30 years of experience as a personal injury attorney.