What Makes a Death ‘Wrongful’?

Understanding Your Rights After an Unexpected Loss

When someone dies unexpectedly, grief takes over. The world narrows. The details blur. And in the middle of it all, you’re left trying to make sense of something that feels impossible.

But once the shock begins to fade, questions come next. Could this have been prevented? Should someone have stepped in sooner? Is this just a terrible accident... or something more?

That’s the space where wrongful death cases live. Not in the aftermath of every tragedy—but in the ones where negligence or recklessness tipped the scales toward loss. Where someone failed to act—or acted wrongly—and a life was taken too soon.

These cases are built around compensation, but they’re also about accountability. They’re about giving families the chance to ask hard questions, to seek truth, and to ensure that what happened to them doesn’t happen to someone else.

And if you’re in that place—if you’ve lost someone and you don’t know whether what happened qualifies as “wrongful”—you’re not alone. You don’t have to know all the answers. That’s what we’re here for.

So what makes a death “wrongful”? 

Legally, it’s when a person dies because of another’s negligence, recklessness, or intentional harm. If the person who passed away could have filed a personal injury lawsuit had they survived, their family may be able to file a wrongful death claim on their behalf.

But that’s the legal definition. The emotional one is harder—and far more important. These cases often stem from car accidents, medical errors, unsafe job sites, defective products, or dangerous premises. But what unites them is that aching question: “Was this preventable?”

Missouri law does outline who can bring a case. A surviving spouse. Children. Parents. In some situations, siblings. If there’s no one eligible under those rules, the court may appoint someone to file the claim. It’s a structure meant to protect families—but it can feel overwhelming when you’re just trying to process what’s happened.

And then there’s the reality of what these lawsuits can do. They can’t bring a loved one back. But they can shine a light on the truth. They can uncover the full story. They can provide resources for surviving family members—whether that’s to cover funeral costs, to replace lost income, or to allow space to grieve without financial pressure. And perhaps most powerfully, they can send a message: this mattered.

If you’re considering a case like this, it’s important to know there is a time limit. In Missouri, families typically have three years from the date of death to file a wrongful death lawsuit. It sounds like a long time, but when you’re in the fog of grief, time moves differently. That’s why it helps to talk through your options sooner rather than later—even if you’re not sure what you want to do.

At Popham Law, we’ve been helping families in Kansas City navigate these heartbreaking situations for more than a century. We don’t just know the law—we know the weight of the moments that bring people to our door. You don’t have to decide everything today. But if you have questions, or even a gut feeling that something isn’t sitting right, we’re here to listen.

📞 Call (844) 243-2288 or reach out online to start a conversation.

Get the settlement you need—and the recognition you deserve.