Who Can File a Wrongful Death Lawsuit in Missouri?

December 2, 2024

Who Can File a Wrongful Death Lawsuit in Missouri?

Losing a loved one due to someone else's negligence is devastating. In Missouri, a wrongful death lawsuit allows certain family members to seek compensation for their loss. Understanding who is eligible to file can help families navigate this difficult process. At The Khouri Law Firm, we provide legal assistance to the St. Louis public, ensuring families receive the guidance and support they need.


Who Is Eligible to File a Wrongful Death Lawsuit in Missouri?


Missouri law (RSMo 537.080) specifies a hierarchy of individuals who can file a wrongful death claim:

  1. Immediate Family Members (First Tier)
  • Spouse
  • Children (including adopted children)
  • Grandchildren (if the deceased’s children are also deceased)
  • Parents of the deceased
  1. These individuals have the primary right to file a wrongful death lawsuit.
  2. Siblings (Second Tier)
    If there are no immediate family members, the deceased’s siblings or their descendants can file the claim.
  3. Personal Representative or Plaintiff Ad Litem (Third Tier)
    If no family members are available, the court may appoint a personal representative or a "plaintiff ad litem" to bring the case on behalf of the deceased’s estate.


What Can Be Recovered in a Wrongful Death Lawsuit?


Missouri allows plaintiffs to seek various forms of compensation, including:

  • Medical and funeral expenses
  • Lost wages and future earnings
  • Loss of companionship and support
  • Pain and suffering of the surviving family members


Time Limit for Filing a Wrongful Death Claim


In Missouri, the statute of limitations for filing a wrongful death lawsuit is typically three years from the date of death. Failing to file within this period can result in losing the right to pursue compensation.


How The Khouri Law Firm Can Help


Filing a wrongful death lawsuit can be emotionally overwhelming, but you don’t have to face it alone. At The Khouri Law Firm, we provide compassionate, experienced legal assistance to families in St. Louis. We’ll guide you through the legal process, fight for justice on behalf of your loved one, and help you obtain the compensation you deserve.

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