• home
  • Calculation of Damages Under MO Wrongful Death Statute

Calculation of Damages Under Missouri Wrongful Death Law

In a wrongful death action in Missouri, a jury may award any amount deemed “fair and just” to compensate for the loss of the deceased. Section 537.090 Mo.Rev.St. (2009). The Missouri wrongful death statute details specific considerations to be used when determining the amount of compensation due to family members. See generally id.

In calculating the damages for a wrongful death action, the trier of fact should include:

  • funeral expenses;
  • the cost of any “consortium, companionship, comfort, instruction, guidance, counsel, training and support” services, not limited in time to any specific time period after the death of the deceased;
  • projected lifetime income of the deceased: i.e. what he or she would have made absent the Defendant’s actions;
  • if the deceased was not employed full-time and was at least 50% responsible for the care of a minor, elderly, or disabled person, the value of this care shall be calculated at 110% of the state average weekly wage;
  • if the deceased is under 18, there is a rebuttable presumption that his or her income is equal to the average yearly income of his or her parents.

The trier of fact may include:

  • aggravating or mitigating circumstances surrounding the death;
  • injury to the deceased between the time of the injury and his or her death valued at the amount the deceased would have been able to recover had he or she brought an action.

Even with the above guidelines, there is significant room for variance in what a jury awards the family of a wrongful death victim. To ensure proper compensation, legal consultation with experienced and knowledgeable counsel is necessary. At The Roberts Law Firm P.C., we take seriously the valuation of the damage caused by the loss of your loved one. Although no money can ever replace the life of a family member, full compensation should be sought to ensure that financial hardship is not a problem in addition to coping with emotional hardship of a personal loss.

Contact Us for a Free Consultation

Contact The Roberts Law Firm P.C. for a free consultation to discuss the wrongful death of a loved one. Roberts can be reached by phone at 636-530-9199 or toll free at 866-585-5643 with any questions or to set up a free consultation. . All consultations are confidential.

The choice of a lawyer is an important decision and should not be based solely on advertisements.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.