What Qualifies as Wrongful Death?

A.J. Bruning | Wrongful Death | December 08, 2025

Losing a loved one suddenly and unexpectedly in an accident is a deeply traumatic and painful experience that no one should have to suffer. On top of your grief, you’re trying to make sense of how it happened. 

When the circumstances feel wrong—a crash that didn't have to happen, a medical mistake that should have been caught, workplace dangers that everyone ignored—you're left wondering whether anyone will be held accountable. 

A wrongful death claim exists when someone's negligence, recklessness, or intentional actions directly cause a death that could have been prevented. The legal system recognizes what you already feel in your gut: some deaths shouldn't have happened, and families deserve answers, accountability, and support during impossible times. 

Talking with a wrongful death lawyer helps you understand whether your situation qualifies and what comes next, without any pressure or obligation during this painful period.

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Some Key Points About Wrongful Death Cases

• Wrongful death claims arise when negligence, recklessness, or intentional harm causes someone's death, covering situations from traffic accidents to medical errors to workplace incidents.
• Immediate family members typically have priority to file claims, though state laws vary on who qualifies as an eligible survivor.
• These cases pursue compensation for funeral expenses, lost financial support, medical bills before death, and the emotional loss families endure.
• Proving wrongful death means showing that someone's carelessness or misconduct directly caused your loved one's death.
• Time limits for filing vary by state—Missouri allows three years, while Illinois provides two years from the date of death.

Common Situations That Lead to Wrongful Death Cases

Fatal accidents happen across Missouri and Illinois in tragically predictable patterns. Recognizing these situations helps families identify when legal action might apply.

Traffic fatalities

Car crashes, motorcycle accidents, commercial truck collisions, and pedestrian deaths account for thousands of wrongful death cases annually. Reports compiled by the U.S. Department of Transportation and the National Safety Council (NSC) show that between 40,000-45,000 people die annually in motor vehicle accidents. Distracted driving, speeding, drunk driving, and failure to yield all create liability when they result in fatal crashes.

Trucking accidents frequently involve multiple liable parties. The driver, the trucking company, cargo loaders, and maintenance providers might all share responsibility when negligence causes death. These cases often involve federal regulations governing the trucking industry.

Medical malpractice deaths

Doctors, nurses, hospitals, and other healthcare providers face wrongful death liability when medical errors kill patients. Misdiagnosis, surgical mistakes, medication errors, birth injuries, and failure to treat serious conditions all qualify. These cases require medical experts to establish that the provider deviated from accepted standards of care.

Healthcare facility negligence extends beyond individual provider mistakes. Understaffing, inadequate training, faulty equipment, and systemic failures to follow safety protocols create institutional liability when patients die.

Workplace fatalities

Construction accidents, industrial incidents, and other job-related deaths might support wrongful death claims beyond workers' compensation benefits. When third parties, such as equipment manufacturers, property owners, or subcontractors, bear responsibility, families may be able to pursue additional compensation through wrongful death lawsuits.

Premises liability deaths

Property owners owe visitors certain duties of care. When dangerous conditions cause fatal accidents, owners face liability. Slip and fall deaths, negligent security leading to assaults, swimming pool drownings, and structural failures are some of the common bases for potential wrongful death cases.

Nursing homes and assisted living facilities have particular responsibilities to protect vulnerable residents. Neglect, abuse, understaffing, and failure to provide necessary care become wrongful death cases when residents die from preventable causes.

Who Has the Right to File a Wrongful Death Claim?

State laws determine which family members may pursue wrongful death cases. Most states follow similar frameworks but with significant variations.

The following individuals typically have legal standing to file wrongful death claims:

• Surviving spouses receive first priority to file claims, acting as the representative bringing legal action. This applies to both opposite-sex and same-sex marriages recognized under state law.
• Children of the deceased—whether biological, adopted, or sometimes stepchildren—hold rights to pursue claims. Adult children maintain these rights even after reaching age 18. When young children lose parents, courts appoint guardians to represent their interests.
• Parents may file claims when their children die, regardless of the child's age. The loss of an adult child creates the same legal rights as losing a minor child, though damage calculations differ.
• Other family members might file when closer relatives don't exist. Siblings, grandparents, or domestic partners might qualify depending on state law and specific circumstances.
• Estate representatives sometimes file claims on behalf of the deceased person's estate when no family members exist or choose not to pursue legal action. These cases distribute any recovery according to inheritance laws.

Missouri's wrongful death statute creates a specific hierarchy for who may file, while Illinois law under the Wrongful Death Act provides a similar structure.

Most Wrongful Death Cases Require Proving Negligence

Wrongful death cases require four specific legal elements. Attorneys build cases by establishing each component through evidence and testimony.

• Duty of care means the defendant owed the deceased person a legal obligation to act with reasonable care. Drivers, doctors, and property owners all have these duties in their respective roles.
• Breach of that duty shows the defendant violated their obligation through action or inaction. Evidence demonstrates they didn't meet the required standard of care.
• Causation connects the breach directly to the death. This often becomes the most contested issue, requiring medical experts or accident reconstruction specialists to establish the link.
• Damages prove that the death caused measurable harm to the surviving family members. While rarely disputed, the extent of damages becomes a major negotiation point.

Proving these elements requires thorough investigation, expert testimony, and compelling evidence presentation.

Types of Compensation in Wrongful Death Cases

Wrongful death compensation addresses both economic and non-economic losses that families suffer. Missouri and Illinois both recognize several categories of recoverable damages.

Economic damages

Economic damages cover measurable financial losses. Medical expenses incurred before death, including emergency care, hospitalization, surgery, and medication, all factor into claims. Funeral and burial costs create immediate financial burdens that compensation addresses.

Lost income represents the earnings the deceased would have provided to family members over their expected working life. This calculation considers salary, benefits, raises, and promotions they likely would have received.

Lost household services also qualify as economic damages. The value of childcare, home maintenance, financial management, and other contributions the deceased made to the household is calculated into compensation. These services have real economic value even when no money directly changes hands.

Non-economic damages

Non-economic damages recognize losses that don't come with price tags. Loss of companionship acknowledges the relationship between the deceased and their loved ones. 

Spouses lose partners who provided emotional support, affection, and intimacy. Children lose parents who guided them, loved them unconditionally, and shaped who they would become. Parents lose children and all the joy, pride, and love that the relationship brought.

Loss of guidance and counsel compensates for the wisdom, advice, and life direction the deceased provided. This particularly matters in cases involving parents or mentors whose guidance shaped family members' life decisions.

Pain and suffering the deceased experienced before death might factor into some claims. When someone survives briefly after an incident that ultimately proves fatal, compensation addresses their physical pain and emotional distress during that time.

Punitive damages

Punitive damages become available in cases involving particularly extreme negligence or malicious conduct. When defendants acted with willful disregard for human safety or engaged in outrageous behavior, courts may award additional damages designed to punish wrongdoing and deter similar future conduct. These remain relatively rare but can significantly increase total compensation in appropriate cases.

What Is the Deadline for Filing a Wrongful Death Claim?

Every state imposes deadlines called statutes of limitations on wrongful death cases. Missing these deadlines eliminates your right to pursue compensation through the courts.

Missouri allows three years from the date of death to file wrongful death lawsuits under Section 537.100. Illinois provides two years under its wrongful death statute. These timeframes apply regardless of when you discovered who was responsible or how severe the losses were.

Some exceptions extend these deadlines in specific situations. When defendants fraudulently concealed their role in causing death, the clock might not start until you discover their involvement. Cases involving minors sometimes pause the statute of limitations until the child reaches legal age.

Medical malpractice cases sometimes follow different rules. Many states impose shorter deadlines for medical wrongful death cases or include discovery rules that affect when time limits begin.

Starting the legal process early protects your rights. Evidence disappears, witnesses forget details, and defendants have time to prepare defenses. Early investigation preserves crucial evidence and strengthens your case.

How Do Wrongful Death Cases Proceed?

Most families have never dealt with legal proceedings before and wonder what to expect. Wrongful death cases typically follow similar paths, though each situation brings unique circumstances.

Initial consultation

Attorneys meet with families to discuss what happened and evaluate whether they have viable claims. Lawyers identify potential defendants and explain legal options. These consultations usually cost nothing and come without obligation.

Investigation

Attorneys gather evidence, interview witnesses, obtain records, and consult with experts. This phase builds the foundation for everything that follows. A thorough investigation often makes the difference between successful and unsuccessful cases.

Filing the lawsuit

Attorneys prepare complaints that outline what happened, why defendants bear responsibility, and what compensation families seek. Courts require specific legal language and procedures that attorneys handle.

Discovery

Both sides request information from each other through depositions, document requests, and interrogatories. This process reveals the evidence each side possesses. Discovery can take a while depending on the complexity of the case and other factors, but it ensures both parties understand the case's strengths and weaknesses.

Settlement negotiations

Most wrongful death claims settle before trial because both sides prefer avoiding the uncertainty, expense, and emotional toll of trials. Attorneys negotiate with insurance companies and defense lawyers to reach fair agreements. These negotiations take place throughout the case and may even continue through a trial.

Trial

Trials become necessary when insurance companies and other liable parties refuse to offer you a fair settlement. Juries hear evidence, listen to testimony, and decide liability and damages. Trials provide definitive resolutions but involve significant time, cost, and emotional investment, but can lead to substantially larger recoveries when successful.

Wrongful Death Claims: Your Questions Answered

Can I file a wrongful death claim if my loved one was partly at fault?

Yes. Both Missouri and Illinois recognize comparative fault in wrongful death cases. Missouri follows pure comparative fault, allowing recovery even if the deceased bore significant responsibility. Illinois uses modified comparative fault, requiring the deceased to be 50% or less at fault. 

In both states, the family’s total recovery will be reduced by the same percentage of fault their loved one bore. Attorneys challenge exaggerated fault claims and protect your compensation from unfair blame tactics that insurance companies frequently employ.

How much does a wrongful death lawyer cost?

The Bruning Law Firm handles wrongful death cases on a contingency fee basis. We don't charge anything up front to represent your family. Our fee comes as a percentage of whatever compensation we recover through settlement or trial. If we don't win your case, you owe us nothing for our legal services. This arrangement removes financial barriers during an already difficult time.

What if the person responsible has no insurance or assets?

Limited insurance or assets complicate recovery but don't always eliminate options. Attorneys identify all potential sources of compensation—multiple liable parties, umbrella policies, business insurance, or other coverage. Even when direct recovery seems unlikely, legal action sometimes forces defendants to find resources or payment arrangements they initially claimed didn't exist.

How long do wrongful death cases take to resolve?

Many wrongful death cases settle within several months to a year, though complex situations involving multiple parties or disputed facts could take longer. Your attorney works to resolve your case as efficiently as possible while fighting for fair compensation. During your free consultation, they'll give you a realistic timeline based on your specific circumstances and keep you informed throughout the process.

What happens if a criminal case is also pending?

Criminal prosecutions and civil wrongful death cases proceed independently on separate tracks. Criminal convictions for charges like vehicular homicide or manslaughter strengthen civil cases but aren't required for wrongful death recovery. Civil cases use lower burdens of proof than criminal prosecutions, meaning you might win civil compensation even if criminal charges don't result in convictions.

Taking Back Control After Devastating Loss

Losing someone to another person's negligence leaves you feeling powerless. Hiring an experienced wrongful death attorney can’t fill that void, but it does put you in control and gives you the power to secure your family's financial future.

If you've lost someone you love due to negligence in Missouri or Illinois, The Bruning Law Firm handles wrongful death cases with the compassion and dedication your family deserves. We've spent years helping families through these devastating situations. Call (314) 735-8100 or contact us online for a free consultation about your situation.

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A.J. Bruning

Founder

I was born and raised to represent individuals who have been needlessly injured. I mean that literally. At a young age my father would tell me about the clients he was representing. I would meet them and take pride in their admiration of my father. I always knew I wanted to be a lawyer and represent clients that needed my help.

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