What We Handle
Wrongful Death
When negligence takes someone's life.
What wrongful death actually means
A wrongful death claim arises when a person dies as a result of another party's negligence, recklessness, or intentional act. If the deceased would have had a valid personal injury claim had they survived, their family may pursue a wrongful death action.
These cases carry unique procedural requirements — including who has legal standing to file, what damages are recoverable, and how claims are prioritized among family members. Missouri and Kansas differ significantly on these rules.
What it takes to have a case
1. Duty
The defendant owed a duty of care to the deceased — the same duty that applies in the underlying negligence context (driving, medical care, workplace safety, etc.).
2. Breach
The defendant failed to meet that duty through negligent, reckless, or intentional conduct.
3. Causation
The breach directly caused or substantially contributed to the person's death.
4. Damages
The surviving family members suffered measurable losses — financial support, funeral costs, loss of companionship, guidance, and services.
What we handle within wrongful death
Every situation is different. Here are the most common types we see.
Vehicle Accident Deaths
Fatal car, truck, motorcycle, or pedestrian collisions caused by negligent drivers.
Medical Malpractice Deaths
Death resulting from provider negligence — surgical errors, diagnostic failures, medication errors.
Workplace Fatalities
Deaths on construction sites, in industrial settings, or from occupational hazards.
Product-Related Deaths
Fatalities caused by defective products, vehicles, or equipment.
Premises Deaths
Fatal injuries from dangerous property conditions — fires, structural failures, inadequate security.
Missouri vs. Kansas: the rules that matter
Kansas City straddles the state line. Which state's law applies depends on where the incident occurred.
Missouri
- •Statute of limitations: 3 years — RSMo § 537.100
- •Who may sue (priority): (1) Spouse, children, parents; (2) Siblings; (3) Court-appointed plaintiff — RSMo § 537.080
- •Only one action per defendant per decedent
- •Recoverable: lost income, funeral expenses, loss of companionship/services/guidance — RSMo § 537.090
- •NOT recoverable: grief and bereavement
- •Non-employed caregiver value presumed at 110% of state average weekly wage
Kansas
- •Statute of limitations: 2 years — KSA § 60-513(a)(5)
- •Any heir at law who sustained a loss may file — KSA § 60-1902
- •Noneconomic damage cap: $250,000 — KSA § 60-1903
- •No separate cap on economic damages
Not sure which state's rules apply? Tell us where it happened →
What an investigation looks like
Initial conversation — Free. We listen to the family, understand the circumstances, and assess who has standing to bring the claim.
Records and evidence — Death certificates, autopsy reports, medical records, police/incident reports, employment and financial records.
Expert review — Medical experts, accident reconstructionists, or workplace safety experts as needed to establish the cause of death.
Demand or filing — Pre-suit demand to the responsible party's insurer; petition filed identifying all defendants.
Discovery — Depositions, document production, and expert reports building the case for damages.
Resolution — Settlement, mediation, or trial. Wrongful death trials require careful presentation of both liability and the human impact of the loss.
What it costs
Yonke Law works on a contingency basis. There is no fee unless we recover compensation for you. The percentage is agreed in writing before any work begins. Your initial consultation is always free. No hourly rates. No retainers. No surprise bills.
What a wrongful death case is actually worth
There's no honest one-line answer. Value depends on the facts of your situation.
Economic Damages
- •Lost income and financial support the deceased would have provided
- •Funeral and burial expenses
- •Medical expenses incurred before death
- •Value of household services and caregiving
Non-Economic Damages
- •Loss of companionship and consortium
- •Loss of guidance, counsel, and training
- •Loss of comfort and support
- •Loss of services (subject to caps in Kansas)
A consultation gives you a real assessment based on your situation — not a stock answer.
Who You'll Work With
Michael T. Yonke
AV Preeminent rated. Decades of wrongful death litigation across motor vehicle, medical malpractice, and workplace contexts.
Mike founded Yonke Law in 2001 after years of seeing how large firms treated the people they were supposed to protect. Every case at Yonke Law is handled directly by Mike and his team — not passed to associates or outsourced to contract attorneys.
When it comes to wrongful death, Mike brings decades of focused trial experience, a network of trusted medical and technical experts, and a straightforward approach: understand the facts, build the case, and prepare for trial even if the goal is settlement.
More about Mike and the team →Common questions
Who can file a wrongful death lawsuit in Missouri?
Missouri law prioritizes: (1) spouse, children, surviving descendants, or parents; (2) siblings if no class 1 exists; (3) a court-appointed plaintiff if no class 1 or 2 — RSMo § 537.080.
How long do I have to file?
3 years in Missouri (RSMo § 537.100), 2 years in Kansas (KSA § 60-513(a)(5)). These deadlines run from the date of death.
Can I recover for grief?
In Missouri, grief and bereavement are specifically excluded from recoverable damages. Kansas has a $250,000 cap on noneconomic damages in wrongful death.
What if the death was caused by a workplace accident?
Workers' compensation death benefits may apply, but a separate wrongful death claim against third parties (not the employer) may also be available.
What if criminal charges are pending?
Civil wrongful death claims are independent of criminal proceedings. The civil standard of proof (preponderance of evidence) is lower than criminal (beyond reasonable doubt).
Printable
Personal Injury Checklist
Essential steps to protect your health, your rights, and your claim. Covers what to gather, who to contact, and the deadlines that matter for your wrongful death case.
Download the checklist (PDF) ↓Or — Walk Through It Digitally
Start Your Case Review
Answer a few questions about your situation. Your responses are saved and become the start of your case file if you proceed.
Start the digital intake →Ready to talk about your wrongful death case?
Free consultation. No fee unless we recover.
