Losing a loved one unexpectedly can leave you with more questions than answers. You might be wondering whether you have a case, what the legal process looks like and what to do next. To get you started, a wrongful death lawyer from Roman & Boock answered five common case questions below. 

Need more specific answers? Request your free wrongful death case evaluation now. 

What does wrongful death mean? 

Wrongful death is a lawsuit filed when an individual dies due to the negligence, recklessness or intentional act of another party. Wrongful death cases often stem from: 

• Car accidents 
• Medical malpractice
• Workplace accidents
• Defective products
• Property negligence
• Nursing home neglect 
• Violent crime 

These cases target individuals, corporations or government entities. Sometimes, multiple parties are liable. For example, if a truck driver causes a fatal accident, a wrongful death lawyer may file a lawsuit against both the driver and the trucking company.

Is wrongful death civil or criminal? 

Wrongful death lawsuits are considered civil actions, not criminal cases. The aim is to make the surviving family members “whole” again by covering damages such as:

• Medical expenses
• Funeral & burial expenses
• Loss of financial support
• Loss of consortium/companionship
• Pain & suffering

However, these lawsuits can exist alongside criminal proceedings. For example, if a drunk driver causes a fatal car accident, the state files criminal charges and the family can sue for wrongful death.

Who can file a wrongful death lawsuit? 

Who can file depends on state law. Our wrongful death lawyers practice in both Missouri and Illinois — two states that follow similar, but slightly different rules. 

Missouri 

Missouri law allows only specific parties to file, giving the closest family members the first opportunity. The priority list is divided into three classes: 

• Class One: The surviving spouse, children or parents of the deceased have the first opportunity to file. 
• Class Two: If no Class One members exist, the deceased’s siblings, nieces, nephews or other relatives can file. 
• Class Three: If no Class One or Class Two members exist, the court can appoint a plaintiff ad litem to represent the estate. 

Only one wrongful death lawsuit can be filed for a single death. If multiple eligible parties file, their complaints are consolidated into a single case. 

Illinois 

Illinois law dictates that only the personal representative of the deceased’s estate can file.

The personal representative can be the administrator of the decedent’s estate, as specified in the decedent’s will. However, if the individual died without a will, the court appoints a personal representative — usually the surviving spouse, children or another close relative. The personal representative seeks damages on behalf of the surviving spouse and next of kin. The court overseeing the civil case can appoint the personal representative without applying to the probate court.

While only the personal representative files the case, courts distribute damages to next of kin based on their dependence on the deceased. Typically, this includes the spouse, children and close relatives in a single lawsuit. 

How do you prove wrongful death? 

To build a case, a wrongful death lawyer uses evidence like police reports, medical records, funeral bills and expert testimony. 

However, evidence must establish the following four elements to be successful: 

• Duty. The defendant had an obligation to act with reasonable care toward the deceased. 
• Breach. The defendant acted unreasonably or failed to act when required. 
• Causation. The defendant’s breach directly caused the deceased’s death. 
• Damages. The death led to measurable harm to the family, financially or emotionally. 

How long does a wrongful death lawsuit take? 

You have three years to file in Missouri and two years in Illinois. Once filed, a wrongful death lawyer can resolve a lawsuit within 1-4 years. 

However, every case is different. Timelines vary drastically depending on: 

• Complexity. Cases with extensive evidence, multiple liable parties or complex expert testimony take longer to prepare and execute.
• Direction. Settlements out of court can be reached within a matter of months. However, some cases need to go to court, which can add years to the timeline. 
• Scheduling. Scheduling delays in local courts may prolong the legal process. 

Contact a Wrongful Death Lawyer

We’ve answered the top questions around wrongful death, but every case is unique. If you’ve experienced a loss due to negligence, your next best step is to talk to an experienced attorney. 

Roman & Boock supports grieving families in Missouri and Illinois. Our wrongful death lawyers bring clarity, compassion and more than a century of combined experience to each case. We vow to fight for accountability and stability — and it all starts with a quick conversation. 

To begin your free wrongful death case evaluation, contact Roman & Boock online or call 314.754.1500.