Wrongful Death
When a Life Is Wrongfully Taken, Your Family Deserves Answers—and Action
Losing someone because of another’s negligence is devastating. While no outcome can make it right, a wrongful death claim can help your family find accountability and financial stability for the road ahead. For over 25 years, Dan Rau has guided Southeast Missouri families through these cases with clear counsel and compassionate advocacy.
What Counts as Wrongful Death?
A claim may exist when a death is caused by negligence, recklessness, or a wrongful act (e.g., a fatal crash, medical negligence, unsafe property, defective products). Missouri law lets a jury award damages that are “fair and just,” and consider aggravating circumstances attending the death (Missouri’s term closely aligned with punitive damages).
Was your loss tied to a hospital or provider? See Medical Malpractice for details on building a healthcare-negligence claim.
Fatal crash? You may also want Auto Accidents or Truck Accidents resources.
Who Can File in Missouri?
Missouri uses a priority system:
- Class 1: spouse, children (or descendants of deceased children), or parents
- If no Class 1, Class 2: siblings or their descendants
- If neither class can file, a court-appointed plaintiff ad litem may proceed Only one action may be brought per death.
What Dan Does for Your Family
- Investigates the facts, preserves evidence, and identifies all responsible parties
- Gathers medical records, expert opinions, and economic analyses
- Handles insurers and defense counsel so your family doesn’t have to
- Builds a case for full and fair compensation—settlement or trial
“These cases require care and clarity. My role is to shoulder the legal weight so families can focus on healing.”
— Dan Rau
Damages Your Family May Recover
- Economic losses: funeral costs, medical bills between injury and death, lost income/support, value of household/childcare services.
- Non-economic losses: loss of companionship/consortium, guidance, comfort (but not grief/bereavement itself under Missouri law).
- Aggravating circumstances (punitive-type) damages: possible where the conduct warrants it; special rules apply.
- Special note for medical negligence: Missouri caps non-economic damages in medical-malpractice wrongful death cases (most recently set at $700,000, adjusted annually). This cap does not apply to economic losses.
This is a quick overview—not legal advice. Dan can explain how Missouri rules apply to your case.
25+ Years Experience
Local to Cape Girardeau
No Fee Unless You Win
From Cape Girardeau and Jackson to Dexter, Perryville, and Poplar Bluff, Dan brings steady guidance and straight talk when it matters most.
Get In Touch
Dan is available to answer your questions 24/7.
Wrongful Death FAQs (Missouri)
How long do we have to file?
Generally 3 years from the date of death in Missouri (sooner is better to preserve evidence).
Do we need proof of “intent”?
No—many cases are based on negligence (carelessness). Evidence of recklessness or worse can affect damages.
Who actually files the case?
A family member from Class 1 files first (spouse/children/parents). If none, Class 2 (siblings/descendants). Otherwise, the court can appoint a plaintiff ad litem.
Are damages capped?
Not for most wrongful death claims; however medical-malpractice wrongful death has a non-economic damages cap (adjusted annually). Economic losses aren’t capped.
Will we have to go to trial?
Many cases settle, but Dan prepares every case as if it will go to trial to maximize your leverage.
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Visit My Office in Cape Girardeau
Not Sure Where Your Situation Fits? That’s normal. Dan will help you sort it out in a free, no‑pressure consultation and explain the best path forward.