Who Can Legally File a Wrongful Death Lawsuit in Missouri?

Understanding Wrongful Death Claims in Missouri

The untimely death of a loved one due to another’s negligence or wrongful actions can have profound emotional and financial impacts on the family left behind. Missouri law recognizes the rights of families to seek justice through a wrongful death lawsuit, allowing them to pursue compensation for their loss and hold the responsible parties accountable. However, not everyone who has a relationship with the deceased can file a wrongful death lawsuit. Missouri law limits the right to file these claims to specific individuals, prioritizing certain family members and giving clear guidelines on who may bring a case forward.

Missouri’s Statutory Framework for Wrongful Death Claims

In Missouri, the laws governing wrongful death claims are outlined in Missouri Revised Statutes § 537.080. The statute establishes the hierarchy of individuals who are permitted to file a wrongful death lawsuit on behalf of the deceased. This structure helps ensure that the individuals most closely related to the deceased have the first opportunity to pursue legal action.

Who Has the Right to File a Wrongful Death Lawsuit in Missouri?

Under Missouri law, those eligible to file a wrongful death lawsuit fall into three specific categories or “classes.” Each class has a different degree of priority and is considered sequentially. Below is an outline of each class and who is eligible to file under that class:

1. Class 1: Immediate Family Members (Spouse, Children, and Parents)Missouri law prioritizes the deceased’s immediate family members for filing a wrongful death claim. Immediate family members include the following:
   • Spouse: The deceased’s legal spouse has the right to file a wrongful death claim.
   • Children: This includes biological, adopted, and stepchildren, as long as they are legally recognized as the deceased’s children.
   • Parents: If the deceased is a minor child or if the deceased had no spouse or children, the parents are eligible to bring a wrongful death claim.
   This group has the highest priority for filing a wrongful death lawsuit. If any of these family members are willing and able to file the claim, no one else may pursue the lawsuit on their behalf.
2. Class 2: Siblings and Their Descendants If the deceased has no surviving spouse, children, or parents, Missouri law permits siblings (brothers and sisters) to file a wrongful death lawsuit. Additionally, if a sibling of the deceased is also no longer alive, their descendants (nieces and nephews of the deceased) may file a wrongful death lawsuit. However, the claim must still prioritize the descendants of a sibling only when no other immediate family members are available.This provision ensures that the deceased’s extended family has an opportunity to seek justice if no closer relatives exist to pursue a claim. However, it’s essential to establish that there are no eligible claimants from Class 1 before moving forward with a wrongful death lawsuit as a sibling or descendant.
3. Class 3: Plaintiff Ad LitemIf there are no surviving family members eligible under Class 1 or Class 2, Missouri law allows the court to appoint a plaintiff ad litem. A plaintiff ad litem is a representative chosen to act on behalf of the deceased and their estate in pursuing the wrongful death claim. Generally, the court will appoint a close friend or a person who was associated with the deceased in some capacity and who agrees to take on this responsibility.The court’s appointment of a plaintiff ad litem ensures that even in the absence of close relatives, there is an avenue to hold the responsible party accountable. The plaintiff ad litem must act in the best interest of the deceased’s estate and any remaining heirs, seeking to recover damages that benefit the deceased’s legacy and address the impact of the loss.

Types of Damages Recoverable in a Missouri Wrongful Death Claim

Missouri law allows for a variety of damages to be recovered in a wrongful death lawsuit, including economic, non-economic, and punitive damages. Eligible family members or a plaintiff ad litem may seek compensation for:

• Funeral and Burial Expenses: These expenses can place a financial strain on the family, and the law permits recovery of reasonable costs related to the deceased’s funeral and burial.
• Medical Expenses: If the deceased received medical treatment before passing away due to the incident, the cost of that treatment can be included in the damages sought.
• Loss of Companionship and Consortium: Family members can seek compensation for the loss of the deceased’s love, companionship, and guidance, which can have lasting emotional effects on the family.
• Loss of Income and Benefits: If the deceased was a primary breadwinner, their loss can severely impact the financial stability of the family. Missouri law allows compensation for the income and benefits the deceased would have provided over their lifetime.
• Pain and Suffering: While primarily sought in cases involving the suffering of the deceased before their passing, the family may also receive damages for the emotional distress caused by the loss.
• Punitive Damages: In cases involving especially egregious or reckless conduct, punitive damages may be awarded to punish the responsible party and deter similar conduct in the future.

Statute of Limitations for Wrongful Death Claims in Missouri

In Missouri, the statute of limitations for filing a wrongful death lawsuit is generally three years from the date of the deceased’s death. Failing to file within this timeframe may result in the loss of the right to pursue compensation. While there may be exceptions in specific circumstances, the statute of limitations is strictly enforced in most cases.

Family members should act promptly to consult with an attorney to ensure that their claim is filed on time and that they have adequate opportunity to build a compelling case.

The Importance of Legal Representation in Wrongful Death Cases

Wrongful death cases are complex and often involve substantial evidence gathering, witness testimonies, and sometimes even expert opinions. Having experienced legal representation can be critical in securing a favorable outcome. A wrongful death attorney will:

• Gather Evidence: Collect important evidence, including medical records, accident reports, and eyewitness accounts, to build a strong case.
• Calculate Damages: Accurately assess both economic and non-economic damages to ensure the family receives appropriate compensation.
• Negotiate with Insurers: Work with insurance companies to secure a fair settlement, reducing the stress and uncertainty for the family.
• Advocate in Court: If necessary, represent the family in court, presenting a compelling case for why they deserve compensation for their loss.

Choosing HUBBARD & KURTZ, L.L.P. for Your Wrongful Death Claim

The attorneys at HUBBARD & KURTZ, L.L.P. are dedicated to providing compassionate support and vigorous representation for families dealing with wrongful death cases. Our firm is equipped with the knowledge and experience to handle the complexities of these claims, ensuring you receive the justice and compensation you deserve.

If you are facing the tragedy of losing a loved one due to someone else’s negligence in Kansas, reach out to HUBBARD & KURTZ, L.L.P. at (816) 472-4673 or toll-free at (877) 535-1163. We are here to support you every step of the way, providing the legal expertise needed to honor your loved one’s legacy and secure your family’s future.