What Damages Apply in Wrongful Death Claims?
Losing a loved one because of another party’s negligence or wrongful act changes lives forever. The emotional weight can be overwhelming, and the financial strain that follows often adds to the hardship.
While no legal action can undo the loss, Missouri law provides a way for surviving family members to seek compensation through a wrongful death claim. These cases allow families to hold the responsible party accountable and pursue damages that address both the tangible and intangible effects of the loss.
Understanding what damages are available is important for building a strong case. Missouri law identifies specific categories of compensation, each designed to cover different aspects of harm suffered by the surviving family. As your wrongful death lawyer, we help you identify every category of damages that may apply so your claim addresses the full extent of your loss.
At Goodwin Johnston LLC, our Kansas City wrongful death lawyers work with families to build detailed claims that account for all available damages under the law.
Economic Damages in Missouri Wrongful Death Claims
Economic damages are intended to cover the measurable financial losses that result from a loved one’s death. These damages are often supported by documentation such as pay stubs, tax returns, and medical bills.
Examples of economic damages include:
Medical expenses before death: Costs related to treatment, hospitalization, and care from the time of injury until passing.
Funeral and burial expenses: Reasonable costs for services, transportation, and interment.
Loss of income and benefits: The value of the wages, salary, and benefits the deceased would have earned over their expected lifetime.
Loss of services: The value of household work, childcare, or other contributions the deceased provided.
Economic damages form the foundation of many wrongful death claims because they address the immediate and long-term financial impact on surviving family members. By documenting these losses thoroughly, we can present a clear picture of the financial harm suffered.
Non-Economic Damages and Their Importance
Non-economic damages address losses that are harder to measure but no less real. These damages reflect the emotional and relational impact of losing a loved one and are often the most significant to families.
Common non-economic damages include:
Loss of companionship and comfort: The absence of emotional support, guidance, and shared life experiences.
Loss of consortium: The effect on a marital relationship, including emotional connection and partnership.
Pain and suffering of the deceased before death: Compensation for the physical pain and emotional distress experienced between the injury and passing.
Emotional suffering of surviving family members: The grief, anguish, and mental strain caused by the loss.
While these losses cannot be calculated with the same precision as economic damages, they are critical to telling the full story of the impact on your family. As your wrongful death lawyer, we work to present evidence and testimony that help the court understand these deeply personal effects.
Punitive Damages in Missouri Wrongful Death Cases
In rare cases, Missouri law allows for punitive damages. These damages aren't meant to compensate the family but to punish the wrongdoer and deter similar conduct in the future. They're typically awarded only when the defendant’s actions were intentional, reckless, or showed a complete disregard for the safety of others.
Examples of conduct that may support punitive damages include:
Drunk or impaired driving: Operating a vehicle while intoxicated and causing a fatal collision.
Grossly unsafe business practices: Ignoring known hazards that pose a high risk to others.
Intentional acts of harm: Engaging in conduct meant to injure the victim.
Because punitive damages require a higher standard of proof, they aren't available in every case. When the facts support them, however, we pursue them aggressively to send a strong message about the seriousness of the defendant’s conduct.
How Missouri Law Determines Eligible Damages
Missouri statutes outline the types of damages that may be recovered in wrongful death cases. Courts consider various factors when determining the amount, such as the deceased’s age, health, earning capacity, and relationship with the surviving family members.
Key factors the court may review include:
Earning history: Past income and potential future earnings based on work history and career trajectory.
Life expectancy: The probable number of years the deceased would have lived, based on health and lifestyle.
Relationship to survivors: The closeness of the bond and the role the deceased played in family life.
Circumstances of the death: Whether the conduct involved negligence, recklessness, or intentional harm.
By presenting evidence in each of these areas, we help the court see the full scope of loss and why the requested damages are justified.
Evidence in Proving Damages
Evidence is essential to securing a fair damages award in a wrongful death case. While some damages, such as medical bills, are straightforward to prove, others—like emotional suffering—require a more nuanced approach.
We often gather:
Financial documents: Pay stubs, tax records, and employment benefits statements.
Medical and funeral records: Bills and receipts showing actual costs incurred.
Witness testimony: Statements from family, friends, and colleagues describing the deceased’s role in the community and family.
Expert analysis: Projections of future earnings or assessments of the value of household services.
A well-prepared damages case blends hard numbers with compelling personal stories, creating a clear and persuasive picture for the judge or jury.
Differences Between Missouri and Kansas Wrongful Death Laws
Because we serve clients in both Missouri and Kansas, we understand the differences between the two states’ laws. While this blog focuses on Missouri, families in our Kansas practice areas—Kansas City, Lawrence, Manhattan, Wichita, and Topeka—should know that Kansas law has its own rules about eligible damages and limits on recovery.
In Missouri, there's generally no cap on economic damages in wrongful death cases. Non-economic damages may be subject to limits in certain situations, especially in medical malpractice claims. Kansas, by contrast, imposes caps on some non-economic damages and has different procedures for proving certain losses.
Our wrongful death lawyers assess the facts of each case to determine where to file and how to maximize available compensation under the applicable law.
Why Thorough Damage Calculations Matter
Accurate and thorough damage calculations are vital for reaching a fair settlement or trial award. Underestimating damages can leave a family struggling with expenses years later, while overestimating without evidence can weaken credibility.
We take the time to:
Identify all potential categories of damages: From immediate costs to long-term financial and emotional effects.
Collect and review all supporting records: Making sure that every number is backed by documentation.
Work with qualified professionals: Economists, medical providers, and vocational experts can provide valuable input.
Update damage calculations as needed: Adjusting for new information or changes in the family’s circumstances.
This disciplined approach strengthens negotiations and prepares us to present a compelling case in court if necessary.
Seeking Justice After a Wrongful Death
Pursuing a wrongful death claim is about more than compensation—it's also about accountability. Holding the responsible party legally liable can help prevent similar tragedies and bring a measure of closure to grieving families.
Our role as your wrongful death lawyer is to protect your rights, guide you through each step of the process, and work toward an outcome that reflects the full value of your loss. From the first consultation through resolution, we remain focused on building a case that addresses both the financial and emotional impact of your loved one’s passing.
Contact Us Today
We represent clients in Kansas City, St. Joseph, Springfield, Columbia, St. Louis, and throughout Kansas, including Lawrence, Manhattan, Wichita, and Topeka. Our wrongful death lawyers understand the laws in both states and how to present damages effectively. If you have lost a loved one due to negligence or wrongful conduct, we’re ready to review your case and explain your legal options. Contact us at Goodwin Johnston LLC today.
