When a loved one dies because of another person’s careless or wrongful actions, Missouri law allows surviving family members to pursue justice through a wrongful death claim. These civil lawsuits can provide financial support and accountability for the loss. While nothing can undo the harm, filing a claim may offer a path toward healing and closure.
Who Can File a Wrongful Death Claim in Missouri?
Missouri uses a tiered system to determine who can file a wrongful death lawsuit:
- Spouse, children (including adopted children), and parents of the deceased are first in line.
- If none of those parties are available, siblings or their descendants may file.
- If no eligible relatives exist, a plaintiff ad litem may be appointed by the court to represent the deceased’s estate.
Only one claim may be filed, but it can include all eligible beneficiaries.
What Counts as a Wrongful Death?
Under Missouri law, a wrongful death is one caused by any act, conduct, occurrence, or circumstance that would have allowed the deceased to file a personal injury claim had they survived. This can include:
- Car and truck accidents
- Medical malpractice
- Nursing home abuse or neglect
- Workplace injuries
- Defective products
- Dangerous property conditions
- Criminal acts such as assault or homicide
What Compensation Is Available?
A successful wrongful death lawsuit in Missouri may result in compensation for:
- Funeral and burial expenses
- Medical bills from the final injury or illness
- Loss of future income and benefits
- Loss of companionship, guidance, and care
- Pain and suffering experienced before death
- The value of services provided by the deceased (such as childcare)
In cases involving deliberate misconduct or gross negligence, punitive damages may also be awarded to punish the wrongdoer.
Time Limit to File in Missouri
Missouri’s statute of limitations for wrongful death claims is three years from the date of death. If the lawsuit is not filed in time, the right to recover damages may be lost.
There are limited exceptions, so it’s important to speak with a lawyer as soon as possible to protect your rights.
Car Accidents and Wrongful Death in Missouri
Fatal car accidents are among the most common causes of wrongful death in the state. Whether the crash involved distracted driving, speeding, impaired driving, or a commercial vehicle, families may pursue a wrongful death claim against the at-fault driver or other responsible parties.
Missouri follows a pure comparative fault rule, which means compensation may be reduced based on the deceased’s share of fault but is not automatically denied unless the fault was entirely theirs.
Fatal Work Accidents in Missouri
When someone dies on the job, their surviving family members may receive workers’ compensation death benefits, including funeral expenses and partial wage replacement.
If a third party contributed to the accident—such as a contractor or manufacturer of faulty equipment—a separate wrongful death claim may also be possible.
Frequently Asked Questions About Wrongful Death in Missouri
Who decides how a settlement is distributed?
The court will typically review and approve the distribution of damages among eligible beneficiaries based on their relationship with the deceased and their financial or emotional loss.
Can multiple family members sue?
Only one wrongful death claim can be filed, but it can include all eligible beneficiaries. The appointed person represents everyone who qualifies.
What happens if the person responsible also died?
A wrongful death claim may still proceed against the estate of the at-fault individual. An attorney can help navigate this process.
Is a criminal conviction required?
No. A wrongful death lawsuit is a separate civil case and does not depend on whether criminal charges are filed or lead to a conviction.
Contact a Missouri Wrongful Death Attorney Today
If your loved one’s death was caused by someone else’s negligence or wrongdoing, you may be entitled to take legal action. A wrongful death attorney in Missouri can explain your rights and help you move forward. Reach out for a free consultation and take the first step toward justice and financial recovery.