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.

Gavel poised over wooden sound block on a table. Statue of justice visible, judge blurred in background.

What Is the Statute of Limitations for a Premises Liability Case in Missouri?

January 31, 2026
Learn the statute of limitations for premises liability cases in Missouri, including deadlines, exceptions, and why acting quickly matters after a property-related injury.
Overhead view of a large parking lot filled with numerous parked cars of various colors.

Injured in a Missouri Parking Lot? Here’s Who May Be Liable

December 31, 2025
Injured in a Missouri parking lot? Learn who may be liable, including property owners, businesses, and negligent drivers. The Khouri Law Firm assists St. Louis injury victims seeking compensation.
Scales of justice, bronze colored with chain hangers, against a blurred background.

What Is a Demand Letter in a Missouri Personal Injury Case—and Why It Matters

November 17, 2025
Learn why a demand letter is crucial in a Missouri personal injury case. The Khouri Law Firm in St. Louis helps injury victims draft powerful demand letters to secure fair compensation.
Penny and quarter coins on a black surface; the quarter is dated 1978.

How a Personal Injury Case Is Valued: What Goes Into the Settlement Number in Missouri

October 9, 2025
Learn how personal injury settlements are valued in Missouri. Discover how medical bills, lost wages, pain and suffering, and comparative fault impact your case. The Khouri Law Firm assists the St. Louis public in pursuing fair compensation.
Three overflowing binders stacked, filled with white paper.

How Long Do You Have to File a Personal Injury Lawsuit in Missouri?

September 26, 2025
Learn how long you have to file a personal injury lawsuit in Missouri. The Khouri Law Firm helps St. Louis residents understand deadlines and protect their right to compensation.
Scales of justice, brass colored, balanced. Near window.

Who Can File a Wrongful Death Lawsuit in Missouri?

August 20, 2025
Learn who can file a wrongful death lawsuit in Missouri. The Khouri Law Firm helps St. Louis families pursue justice and compensation after the loss of a loved one.
A scale of justice is sitting on a wooden table in front of a window.

Premises Liability vs. Slip and Fall: What’s the Difference?

July 28, 2025
Learn the difference between premises liability and slip and fall claims. The Khouri Law Firm helps injured St. Louis residents pursue compensation after accidents on unsafe property.
A statue of justice is sitting on a wooden table.

What Happens If My Workers’ Comp Claim Is Denied in Missouri?

June 20, 2025
Denied workers’ comp claim in Missouri? Learn your legal options and how The Khouri Law Firm can help you appeal and fight for the benefits you deserve.
A man is riding a red motorcycle down a road.

What to Do Immediately After a Motorcycle Accident in Missouri: A Legal Checklist

May 21, 2025
Injured in a Missouri motorcycle accident? Follow this legal checklist from The Khouri Law Firm in St. Louis to protect your health, rights, and financial future.
A view of a highway through a chain link fence

Understanding Rear-End Collisions and Liability in Missouri

March 20, 2025
Injured in a rear-end collision in St. Louis? Learn how liability works in Missouri and how The Khouri Law Firm can help you pursue compensation for your injuries and damages.