Who Can File a Wrongful Death Lawsuit in Missouri?

August 20, 2025

Who Can File a Wrongful Death Lawsuit in Missouri?

Losing a loved one due to someone else’s negligence or wrongful act is devastating. Along with the emotional toll, families are often left with unexpected financial burdens such as funeral expenses, medical bills, and lost income. Missouri law allows certain surviving family members to file a wrongful death lawsuit to seek justice and financial compensation. Understanding who can bring this type of claim is an important first step in protecting your rights.


Who Is Eligible to File?


Missouri law outlines specific categories of individuals who may file a wrongful death lawsuit:


  1. Spouse, Children, or Grandchildren
    The surviving spouse, children, or grandchildren of the deceased are first in line to pursue a claim.
  2. Parents of the Deceased
    If there is no surviving spouse, child, or grandchild, the deceased person’s parents may file a wrongful death action.
  3. Siblings and Their Descendants
    If the deceased has no surviving spouse, children, grandchildren, or parents, then siblings or their descendants may bring the lawsuit.
  4. Court-Appointed Plaintiff Ad Litem
    If no eligible family members exist in the categories above, the court may appoint a “plaintiff ad litem,” often a representative chosen by the court to pursue the claim on behalf of the deceased person’s estate.


Damages That May Be Recovered


A wrongful death lawsuit can help families recover compensation for:


  • Funeral and burial expenses
  • Medical costs related to the final injury or illness
  • Lost wages and benefits the deceased would have earned
  • Pain and suffering experienced by the deceased before passing
  • Loss of companionship, support, and guidance


Why Legal Guidance Matters


Wrongful death laws in Missouri are complex, and time limits apply. Families only have a limited window of time to bring a claim, making it important to act quickly. Having legal representation ensures that your case is handled correctly and that your family’s interests are protected.

At The Khouri Law Firm, we provide legal assistance to families in St. Louis during some of the most difficult times of their lives. We work to hold responsible parties accountable and to secure the financial recovery families need.

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