What Is a Wrongful Death Claim—and How Is It Different from a Criminal Case in Missouri?

Losing a loved one due to someone else’s actions is devastating. In Missouri, families often have two potential avenues for justice: a wrongful death claim in civil court or a criminal case brought by the state. While they may arise from the same incident, these two types of cases serve very different purposes. Understanding the distinction can help families know their rights and the types of compensation or justice they may pursue.

What Is a Wrongful Death Claim in Missouri?

A wrongful death claim is a civil lawsuit brought by certain surviving family members—such as a spouse, children, or parents—when another person’s negligence or misconduct causes death. Common causes include car accidents, medical malpractice, defective products, or dangerous property conditions.

In a wrongful death case, the family may seek financial compensation for:

• Funeral and burial expenses
• Medical bills related to the fatal injury
• Loss of income and benefits the deceased would have provided
• Loss of companionship, care, and guidance

The burden of proof in a wrongful death claim is “preponderance of the evidence,” meaning it must be more likely than not that the defendant’s actions caused the death.

How a Wrongful Death Claim Differs from a Criminal Case

A criminal case is filed by the state of Missouri against the person accused of causing the death. The goal is to punish the offender through penalties such as prison, probation, or fines.

Key differences include:

• Who brings the case: The family files a wrongful death claim; the state prosecutes a criminal case.
• Purpose: Civil claims aim for compensation; criminal cases focus on punishment.
• Burden of proof: Criminal cases require proof beyond a reasonable doubt, a much higher standard than in civil cases.
• Outcome: A civil case may result in financial damages, while a criminal case may lead to imprisonment or fines.

Why Families Pursue Wrongful Death Claims

Even if a criminal case is unsuccessful—or never filed at all—a family can still file a wrongful death claim. This gives surviving loved ones a path to hold the responsible party accountable and recover compensation that can provide financial security during a difficult time.

Moving Forward After a Wrongful Death

Grieving families should not have to navigate complex legal processes alone. At AGH Law, we can provide legal assistance to the Kansas City public and help families pursue justice and compensation after the loss of a loved one.