How Is Fault Determined in a Wrongful Death Case?

When filing a wrongful death claim, you must prove how the at-fault party’s negligence or wrongdoing caused your loved one’s death. The most efficient path to accomplishing that is to work with an attorney who can build a substantial body of evidence, including police reports, witness interviews, surveillance footage, and expert testimony.

Missouri follows a pure comparative fault system. Under that system, courts examine the evidence to determine the percentage of responsibility each party bears. If your loved one was partly at fault for the accident, your recovery could be reduced by the percentage of their fault.