Losing a loved one due to someone else’s negligence is an unthinkable tragedy that can cause not only immense grief but also significant financial hardship. Missouri law gives certain surviving family members the right to pursue justice through a wrongful death lawsuit. However, not everyone qualifies to file a claim.
So, then exactly who can file a wrongful death lawsuit in Missouri, and what does the process involve? The team at Presley and Presley Trial Lawyers is here to help you understand your rights so you can seek the accountability and compensation you deserve.
What is a Wrongful Death Lawsuit in Missouri?
A wrongful death lawsuit allows surviving family members to seek compensation when another party’s carelessness, recklessness, or intentional misconduct causes another person’s death.
Wrongful death claims most commonly stem from the following:
- Car accidents caused by reckless drivers
- Commercial truck accidents
- Workplace accidents
- Defective products
- Dangerous property conditions
Essentially, if the deceased person could have filed a personal injury claim had they survived, their family can likely pursue a wrongful death lawsuit instead.
While no legal action can possibly undo the loss, a successful wrongful death claim can provide a small sense of justice and critical financial support during an extremely difficult and uncertain time.
Who Can File a Wrongful Death Lawsuit in Missouri?
Missouri law follows a strict hierarchy that determines who has the right to pursue a wrongful death claim. The law gives priority to immediate family members and then moves outward from there.
So, who can sue for wrongful death in Missouri?
When the Deceased Left Behind Immediate Family
When the deceased has immediate surviving family members, the following individuals hold the first right to file:
- The surviving spouse
- Children (including adopted children)
- Parents of the deceased
When the Deceased Had No Immediate Family
If no spouse, children, or parents survive, the law allows other relatives to step in and file a wrongful death claim. Eligible individuals may include the following:
- Siblings
- Nieces and nephews
- Other close blood relatives
An experienced attorney who’s familiar with Missouri wrongful death law eligibility can assess your case to determine whether you have a valid claim.
What Happens if Multiple Family Members are Eligible to File?
Missouri law allows multiple eligible family members to participate in one wrongful death lawsuit. However, courts do not allow separate lawsuits for the same death. Instead, eligible parties must either join together in a single claim or agree on one person to file on behalf of the group.
When the case resolves, the court distributes compensation among eligible parties. The judge will carefully consider each person’s relationship with the deceased and the impact of the loss to determine a fair outcome.
Can Extended Family Members File a Wrongful Death Claim?
Extended family members can file a claim, but only under specific circumstances. Siblings, nieces, nephews, and other close blood relatives may become eligible if the deceased has no surviving spouse, children, or parents.
However, Missouri courts require clear proof of eligibility. You must show your relationship to the deceased through official documentation such as birth or death certificates, genealogy evidence, or sworn statements.
What Is a Plaintiff Ad Litem in a Missouri Wrongful Death Case?
A plaintiff ad litem can play a critical role when no eligible family members file a claim. The court appoints an individual to this role to do the following:
- Represent the interests of the deceased
- File the wrongful death lawsuit
- Ensure accountability for the responsible party
This situation often arises when either no qualifying relatives exist or family members choose not to pursue a claim. The plaintiff ad litem does not act for personal benefit, but rather on behalf of those who may later receive compensation, such as distant relatives or the estate.
How Long Do You Have to File a Wrongful Death Lawsuit in Missouri?
It’s important to understand that you don’t have forever to pursue a wrongful death lawsuit. The Missouri wrongful death statute of limitations allows surviving loved ones three years from the date of death to file. If you miss this deadline, courts will likely throw your case out, and you will permanently lose your right to recover compensation.
While certain exceptions to this deadline may apply in rare situations, you should not rely on them. Acting quickly can help you avoid severely limiting your legal options, and it also allows your attorney the time they need to build a compelling case.
What Damages Can be Recovered in a Wrongful Death Case?
A successful wrongful death claim allows families to recover compensation for both the financial losses and the personal harm the at-fault party caused. Depending on the nature of the case, that compensation can include the following:
- Funeral and burial expenses
- Medical expenses related to the final injury or illness
- Loss of financial support
- Loss of benefits such as healthcare and retirement contributions
- Loss of companionship
- Loss of guidance and support
In cases of extreme negligence or intentional harm, courts may also award punitive damages. These damages aim to punish the at-fault party and deter similar conduct.
Why Hire a Wrongful Death Attorney?
Wrongful death cases involve complicated legal rules and high financial stakes. Pursuing one independently can prove exceptionally challenging, particularly while grieving a tragic loss.
If you want to know how to file a wrongful death claim in Missouri, an experienced attorney can take on the legal burden for you and provide compassionate support as you pursue justice for your loved one’s loss.
Your attorney can help you by doing the following:
- Reviewing Your Case for Free – Your attorney can sit down with you to discuss your case and determine your legal options, free of charge.
- Investigating What Happened in Detail – An immediate investigation into the incident can help your attorney identify the liable party and determine what evidence might be available for building your claim.
- Negotiating Aggressively for a Settlement – When it comes time to negotiate for a settlement, your legal team will advocate aggressively for your best interests.
- Representing You at Trial as Necessary – If insurers refuse a fair settlement, your attorney will file a lawsuit and take your claim to court, where a seasoned trial attorney will fight for a favorable verdict.
When it’s time to hire a wrongful death attorney, Presley and Presley Trial Lawyers has extensive experience seeking justice on behalf of grieving families after someone else’s negligence causes the unthinkable. We will fight to hold them accountable and recover fair compensation. Contact us today for your free, no-obligation, fully confidential consultation.
