Kevin Etzkorn Law

missouri Wrongful Death lawyer

Wrongful Death

What are Wrongful Death Cases? Wrongful death cases typically arise when an individual or company’s negligent or intentional actions result in the untimely death of another person. In such cases, survivors may seek monetary damages on behalf of the deceased, compensating for the losses incurred due to the premature death. Wrongful death cases involve intricate statutes and rules that vary depending on the jurisdiction and circumstances. This makes them delicate and complicated. 

Who can Bring Them? Who is entitled to file a wrongful death case varies from one jurisdiction to another. No matter what state you are in, it is important to figure out early on who has the right to sue because, typically, if the wrong person files the case, the courts will treat that filing as though it never happened.

In Missouri, R.S.Mo. Section 537.080 establishes the classes of people with priority in bringing suit. The order of preferences in this wrongful death statute basically starts with the spouse or children or “surviving lineal descendants of any deceased children” or by the “father or mother” or the deceased. If no one in this first class of beneficiaries exists, then the claim belongs to the brother or sister of the deceased. And if no one in this second or first class exists, then the case can be pursued by a plaintiff ad litem, which is someone appointed by the court. 

The law in Illinois is very different from Missouri in regard to who can bring a claim for wrongful death. In Illinois, parties are typically required to have someone appointed by a court as a representative of the deceased person’s estate.

Compassionate Advocacy in Times of Grief – On top of the intricate laws that vary by jurisdiction, there is the obvious emotional aspect that requires compassionate assistance. And there are the ins and outs of the different statutes and rules that apply to them. We understand the profound pain that follows the loss of a loved one due to wrongful death. Our experienced legal team is dedicated to providing compassionate assistance and pursuing justice on behalf of the deceased individuals and their grieving survivors. Explore our decades-long commitment to handling wrongful death cases with the utmost sensitivity and legal expertise.


  • One recent wrongful death case against a pharmacy settled confidentially after our client’s family member was distributed the wrong pills and subsequently died.
  • Another wrongful death case against a nursing home recently settled confidentially. Our clients’ family member had died after she fell and broke several bones. She had been been left unattended in violation of home policies
  • Settled for the limits of automobile insurance policies after a woman was struck and killed crossing a street at a stop light.
  • Settled for the limit of a homeowners’ insurance policy after a child drowned in a swimming pool due to lack of supervision and proper security measures.

We’ll fight to get the
compensation you deserve.


I spoke with this office for consideration with a consumer protection issue. I was able to get the insight I needed to help move forward. Kevin went above and beyond!

Kevin Etzkorn is a highly knowledgeable personal injury attorney that delivers terrific representation. I would happily recommend him and this firm to anyone.

Kevin Etzkorn is an outstanding personal injury attorney with great knowledge of the law.