You weren’t supposed to be here reading this. Your spouse should still be coming home from work every day, still helping with dinner, still there when you wake up in the middle of the night worried about nothing. Maybe a drunk driver ran a red light and changed everything in an instant. Or perhaps a doctor ignored the warning signs you kept bringing up, and now your spouse is gone.
Nothing feels real right now. You might be angry, numb, or cycling between both every few minutes. People keep saying they’re sorry for your loss, but their words bounce off you because this doesn’t feel like a loss – it feels like someone stole your entire future. You might be wondering if you have any rights at all, if there’s anything that can be done, if justice even exists anymore.
We are Doug Noland and Kate Noland, and we’ve sat with hundreds of families just like yours in the worst moments of their lives. We’ve held tissues while mothers wept for children who should have outlived them. We’ve watched strong men break down when they realized their wife’s death could have been prevented. You’re not alone in this devastation, and you don’t have to carry this burden by yourself.
What You Need to Know Right Now
- You have rights even in your grief – Missouri law recognizes that when someone’s carelessness takes a life, the family shouldn’t have to bear all the consequences alone.
- Your loss matters under the law – This isn’t just about money; it’s about holding people accountable when their actions destroy families.
- You don’t have to handle this by yourself – There are people who can walk through this with you and handle the legal details while you focus on healing.
- There’s no cost to find out your options – Learning about your rights doesn’t cost anything, and you’re not committed to anything by asking questions.
- Time limits exist, but you have space to grieve first – You don’t have to make any decisions today or tomorrow, but waiting too long can hurt your family’s future.
How can this be someone’s fault when they called it an accident?
You keep replaying what happened over and over, trying to make sense of how your world fell apart so quickly. Everyone keeps calling it an accident, and that word makes it sound like nobody could have prevented this. But you have this nagging feeling that someone should have done something different.
The word “accident” gets thrown around too easily. Yes, the person who caused this probably didn’t wake up that morning planning to hurt anyone. But that doesn’t mean they weren’t careless.
We’ve helped families who lost loved ones because a driver was texting instead of watching the road. The driver didn’t mean for anyone to die, but choosing to text while driving a vehicle isn’t just an accident – it’s a dangerous choice. We’ve sat with families whose father died because a doctor was too rushed to read the test results. The doctor didn’t want anyone to die, but ignoring clear warning signs isn’t just bad luck – it’s carelessness.
When someone chooses to drive drunk, ignore safety rules at work, or skip important medical tests, they’re making decisions that put other people at risk. If those choices take a life, that’s not just an accident anymore. That’s what lawyers call negligence, but what it really means is someone failed to be as careful as they should have been.
We represented a family where the mother needed rehab after a hospital stay. The family put their mother in a nursing home/rehab facility for a short period to regain her strength. Over two weeks, their mother’s condition significantly deteriorated due to the nursing home/rehab facility’s lack of property care and treatment. The mother was readmitted to the hospital with sepsis and clostridium difficile and later passed away.
Your feelings that someone should have done something different might be exactly right. Just because they’re calling it an accident doesn’t mean no one is responsible for what happened to your loved one.
Who can actually file a wrongful death claim in Missouri?
You might be wondering if you even have the right to do anything about this. Maybe you’re the spouse, but your grown children are also grieving. Maybe you’re the adult child, but your mom’s husband is still alive. Family dynamics can get complicated when everyone is hurting.
Missouri law determines who can file the wrongful death lawsuit, and who can recover. This will depend if the deceased is married or has children, or has siblings. If the deceased does not have any family, other options might be available.
Missouri recognizes that the people who were closest to your loved one, who depended on them most, should have the say in what happens next.
Sometimes families disagree about whether to pursue a wrongful death claim. Maybe you want to hold someone accountable, but your brother just wants to move on. Or maybe your mother-in-law thinks you should do something, but you can barely get out of bed most days.
These disagreements are normal when everyone is processing grief differently. In our experience, families who talk through their feelings and concerns usually find a way forward together..
What if the person who died was retired or didn’t work?
You might think because your mom was retired, or because your spouse was disabled and couldn’t work, that their life doesn’t count the same way under the law. Every single life has value that goes far beyond a paycheck.
Missouri law understands that losing someone changes your life in ways that have nothing to do with money. Yes, if your spouse brought home a salary, that matters. But what about everything else they did?
Your retired mother might not have earned a salary, but she probably helped with grandchildren, saved your family money by providing childcare, and would have continued giving you love and support for years to come. Your disabled spouse might not have worked outside the home, but was still your partner, your companion, someone who made your life better just by being in it.
We’ve helped families whose losses didn’t involve big salaries. A retired grandmother whose guidance held the family together. A stay-at-home parent whose death left the surviving spouse drowning in childcare costs. A disabled adult child whose parents now face a lifetime of grief and loss of companionship.
The law recognizes that when someone’s carelessness takes a life, they’ve stolen more than just future earnings. They’ve stolen birthdays, holidays, conversations, hugs, advice, and all the ways that person made life worth living for their family.
Your loved one’s life mattered. Their death matters. And Missouri law agrees with that.
How much time do you have to do something?
Right now, time probably feels meaningless. Days blend together, and you might not even know what month it is anymore. But unfortunately, the legal system keeps running even when your world has stopped.
Missouri law gives families a period of time to decide whether to pursue a wrongful death claim. This might sound like plenty of time, but grief doesn’t follow a timeline. Some families need most of that time just to get through the funeral, settle the estate, and start functioning again.
Here’s what we need you to understand about waiting. Evidence starts disappearing as soon as the accident happens. Security cameras get recorded over. Witnesses move away or their memories fade. Documents get lost or destroyed. The insurance companies start working on their defense immediately.
This doesn’t mean you have to make any decisions while you’re still in shock. But it does mean that if there’s even a chance you might want to hold someone accountable later, someone should be protecting your rights now.
We’ve had families come to us after months after losing their loved one, finally ready to seek justice, only to discover that the key witness moved across the country and can’t be found. Or the company that caused the accident has already destroyed the maintenance records we needed. These situations are heartbreaking because they’re often preventable.
You don’t have to decide anything today. But please don’t let time slip away while you’re grieving. There are ways to protect your family’s rights while giving yourself space to heal.
What kind of accidents lead to wrongful death claims?
You might be wondering if what happened to your loved one is the kind of situation where someone can be held accountable. The simple answer is that if someone’s carelessness caused the death, it doesn’t matter exactly how it happened.
Car accidents are probably what most people think of first. A drunk driver, someone texting while driving, a trucker who fell asleep at the wheel, or someone who ran a red light. But motor vehicle accidents are just one way that carelessness takes lives.
Medical malpractice happens more often than people realize. A doctor who misses a diagnosis that should have been obvious. A surgeon who makes a preventable mistake. A hospital that ignores warning signs or gives the wrong medication. Emergency rooms that send people home when they should be admitted.
Workplace accidents occur when employers cut corners on safety. Construction sites without proper fall protection. Factories that skip equipment maintenance. Companies that expose workers to dangerous chemicals without protection. These aren’t just “part of the job” – they’re often preventable.
Nursing homes sometimes fail the families who trust them with their most vulnerable loved ones. Neglect that leads to falls, infections, or medication errors. Staff that doesn’t monitor residents properly. Facilities that hide problems instead of fixing them.
Even everyday situations can turn deadly when someone isn’t careful. Slip and fall accidents at stores that don’t maintain their property. Dog attacks when owners know their animal is dangerous. Defective products that fail when they should protect people.
What matters isn’t the specific type of accident. What matters is whether someone failed to be as careful as they should have been, and whether that carelessness caused your loved one’s death.
What exactly can you recover in a wrongful death case?
No amount of money brings them back, and you know that better than anyone. You’d give anything to have one more conversation, one more hug, one more ordinary Tuesday with them. Money feels meaningless when what you really want is impossible.
But here’s what I’ve learned from families over the years. While money can’t fix the unfixable, it can prevent additional suffering on top of your grief. It can make sure their death doesn’t also destroy your family’s financial future.
Missouri law recognizes different types of losses when someone’s carelessness takes a life. The medical bills from their final treatment, which can be enormous if they were hospitalized or in intensive care before dying. The funeral and burial costs, which hit families when they’re least able to handle another expense.
If your loved one was working, their lost wages and benefits matter too. Not just what they were earning, but what they would have earned over their lifetime. Their health insurance that covered the whole family. The retirement benefits you were counting on.
But Missouri also understands that losing someone goes beyond dollars and cents. The loss of their companionship, guidance, love, and support. The advice they would have given, the holidays they’ll never share with you, the way they made your house feel like home.
For children who lose parents, this includes the loss of guidance and support they would have received growing up. For parents who lose children, it includes the relationship they’ll never have and the support they might have received in their old age.
Our firm represented children whose father was killed in a motorcycle collision. We were able to settle for policy limits and underinsured coverage.
The goal isn’t to put a price tag on your loved one’s life – that’s impossible and wrong. The goal is to make sure the person or company responsible bears the financial consequences of their carelessness instead of leaving your family to carry that burden.
How does this work when you can barely function right now?
You can barely get out of bed some days, and that’s completely normal. You might have good hours followed by waves of grief so strong you can’t catch your breath. Some days you forget they’re gone for a few seconds, then remember all over again. The idea of dealing with lawyers and insurance companies feels impossible.
This is exactly why wrongful death laws exist, and it’s exactly why lawyers like me do this work. You shouldn’t have to become a legal expert on top of everything else you’re dealing with.
When a family decides to pursue a wrongful death claim, we handle everything. We deal with the insurance companies so you don’t have to. We gather the evidence, find the experts, and handle all the legal paperwork. We fight with the people who want to minimize your loss so you don’t have to relive the trauma over and over.
Your job is to grieve, to take care of yourself, and to lean on the people who love you. Our job is to make sure the legal system doesn’t add to your pain.
Here’s typically how it works. We start with a conversation about what happened and what your family is facing now. We investigate the accident and identify everyone who might be responsible. We deal with their insurance companies and lawyers. If we can’t reach a fair settlement, we handle the court process.
You’ll need to be involved in some decisions along the way, but we try to make it as easy as possible. We meet when you’re ready, not when it’s convenient for insurance companies. We talk in plain English, not legal jargon. And we focus on getting you the answers and justice you deserve so you can focus on healing.
What if the person who caused this doesn’t have insurance?
You might have discovered that the person responsible for your loved one’s death has no insurance, no assets, and no way to pay for what they’ve taken from your family. This feels like adding insult to injury when you’re already dealing with so much.
But don’t give up hope yet. There are often other sources of recovery that aren’t obvious at first glance.
If it was a car accident, your own insurance might have uninsured motorist coverage that applies. This is coverage you pay for on your own policy that protects you when someone else causes an accident but can’t pay for the damage. Many people don’t realize they have this coverage or don’t understand how it works.
If the accident happened at work or involved a work vehicle, the employer might be responsible even if the individual employee has nothing. Companies are usually required to have insurance or other ways to pay for accidents caused by their workers.
Sometimes the person responsible wasn’t the only one who was careless. Maybe a drunk driver caused the accident, but the bar that kept serving them alcohol shares some responsibility. Or maybe a driver caused the crash, but the company that designed the intersection knew it was dangerous and did nothing.
Property owners, manufacturers, and other companies often have insurance or assets even when individuals don’t. Part of my job is investigating to find all the sources of responsibility and recovery.
Even when the situation looks hopeless at first, I’ve found ways to help families get some measure of justice and financial recovery. You won’t know what’s possible until someone who understands wrongful death law looks at your specific situation.
Will this drag on for years?
You need closure, not a long legal battle that keeps the wound open indefinitely. You need to be able to grieve, heal, and eventually move forward with your life. The idea of years of court hearings and depositions probably feels overwhelming.
The good news is that most wrongful death cases settle without ever going to trial. Insurance companies and defendants usually prefer to resolve things privately rather than face a jury of people who might have strong feelings about someone’s carelessness taking a life.
How long it takes depends on several factors. How clear-cut the responsibility is. How willing the other side is to be reasonable. Whether the insurance coverage is adequate or we need to look for other sources of recovery. How long it takes for you and your family to understand the full extent of your losses.
Some cases resolve in months. Others take longer, especially if the other side wants to fight over obvious responsibility or if there are multiple parties involved. Complex medical malpractice cases often take longer than straightforward car accidents.
But I work to keep things moving because I understand that families need resolution. I push for early settlement discussions. I prepare cases thoroughly so the other side understands we’re serious. I don’t let insurance companies drag things out hoping you’ll get tired and accept less than you deserve.
Throughout the process, we keep you informed about what’s happening and what to expect next. You’re never left wondering what’s going on with your case.
The goal is always to get you the justice and financial recovery you deserve as efficiently as possible, so you can focus on rebuilding your life.
Frequently Asked Questions
What if I just can’t deal with this right now?
That’s completely understandable, and you don’t have to deal with it all right now. Grief has its own timeline, and some people need months just to handle the basics of daily life. But please don’t let your rights disappear because you needed time to heal. At minimum, talk to someone who can protect your options while you focus on grieving.
Can I file a claim if there’s a criminal case too?
Yes, absolutely. Criminal cases and wrongful death cases are completely separate. The criminal case is about punishment – jail time or probation. The wrongful death case is about getting your family financial recovery for your losses. One doesn’t affect the other, and you can pursue both at the same time.
What if my loved one was partially at fault?
Missouri law recognizes that sometimes accidents happen when more than one person makes a mistake. Even if your loved one contributed to what happened, you can still seek recovery as long as they weren’t more responsible than everyone else combined. The amount might be reduced, but you don’t lose all your rights.
How do we split any settlement among family members?
Missouri law provides guidance about how wrongful death recoveries get distributed among surviving family members.. If there’s disagreement, the court can help resolve it, but families often work it out together.
What if the death was weeks after the accident?
This still counts as a wrongful death if the original accident caused or contributed to the injuries that led to death, even if there was time in between. Sometimes people survive the initial trauma but die later from complications or infections related to their injuries. The timing doesn’t change the other person’s responsibility.
Do I have to go to court and relive everything?
Most cases settle without going to trial; however, a wrongful death lawsuit requires a court hearing to approve the settlement. f the case doesn’t settle, we prepare you thoroughly for any testimony so you know what to expect. You’re never thrown into court unprepared, and we are always there to support you through the process.
What if I already talked to their insurance company?
Don’t panic if you already gave a statement or talked to the other side’s insurance company. This happens often right after accidents when people are in shock and trying to be helpful. What you said might not hurt your case, but don’t talk to them anymore without legal guidance.
Will this become public information?
Most wrongful death cases settle privately, and settlement terms usually remain confidential. If a case goes to court, court records are public, but even then your private financial information and personal details are protected. We can discuss your privacy concerns and how to handle them.
You Don’t Have to Face This Alone
We know how hard it is to even think about taking action when you’re drowning in grief. You might feel like you don’t have the energy for anything beyond getting through each day. Maybe you’re worried that pursuing a wrongful death claim makes you look like you care more about money than your loved one’s memory.
Let us be clear about something. Seeking justice and accountability after someone’s carelessness takes a life isn’t about money – it’s about making sure the person responsible faces consequences for their actions. It’s about preventing this from happening to another family. It’s about making sure your loved one’s death means something.
Over the years, we’ve walked with families through some of the darkest chapters of their lives. We’ve seen how holding someone accountable can be part of the healing process. Not because it brings anyone back, but because it honors their memory and acknowledges that their life mattered.
Your loved one’s life had value regardless of their age. Their death matters. And you shouldn’t have to carry the financial burden of someone else’s carelessness on top of your grief.
There’s no cost for us to talk about your situation. No obligation beyond hearing your options. No pressure to make any decisions before you’re ready.
When you’re ready – and only when you’re ready – call us at (816) 781-5055. We’ll sit down together, I’ll listen to what happened, and we’ll figure out the best path forward for your family.
You’ve already lost too much. Don’t lose your rights too.
