Losing a loved one is one of the most excruciating experiences someone can go through. When that loss is caused by someone else’s negligence, it’s normal to feel angry and confused. You may also find yourself facing unexpected financial burdens, funeral costs, medical bills, and lost income while trying to navigate the overwhelming legal system you never asked to be part of.
While no amount of financial compensation can bring your family member back, Missouri law provides a pathway to seek justice and financial stability for survivors. Filing a wrongful death claim is a way to hold responsible parties accountable and secure the resources your family needs to move forward.
This guide outlines how the wrongful death process works in Missouri, who is eligible to file, and the critical timelines you need to be aware of.
Key Takeaways of Filing a Missouri Wrongful Death Claim
- A wrongful death claim in Missouri applies when a person’s death was caused by conduct that would have supported a personal injury claim if they had lived.
- Missouri law sets a clear priority for who can file, starting with immediate family (spouse, children, parents), then siblings, and finally a court-appointed plaintiff if there is no surviving family.
- Only one wrongful death lawsuit may be filed per death, meaning eligible family members must typically join together in a single action.
- There is a strict three-year statute of limitations, and missing this deadline usually bars any recovery.
- Recoverable damages include both financial losses and emotional harms, such as medical and funeral expenses, lost income, loss of companionship, and grief, with special rules and caps applying when a government entity is involved.
Understanding Wrongful Death Under Missouri Law
In Missouri, a wrongful death is defined by RSMo § 537.080 as the death of an individual caused by an act or circumstance that would have allowed them to sue for damages if they had survived.
In simpler terms, if your loved one could have filed a personal injury lawsuit had they survived the incident, their survivors generally have the right to file a wrongful death claim. These claims typically arise from incidents such as:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Medical malpractice
- Workplace accidents
- Defective products
- Criminal acts
The purpose of these laws is to provide compensation to the surviving family members for the losses they have suffered due to the death.
Who Can File a Wrongful Death Lawsuit in Missouri?
Unlike some states that require a personal representative of the estate to file suit, Missouri law creates a specific hierarchy of family members who are eligible to bring a claim. This hierarchy is divided into classes:
Class 1: The Immediate Family
The first right to sue belongs to the most immediate family members. This includes:
- The surviving spouse
- Children (natural or adopted)
- Surviving lineal descendants of any deceased children (grandchildren)
- Parents (natural or adoptive)
If anyone in this class is alive and willing to file, they have the priority to do so.
Class 2: Siblings and Their Descendants
If there are no survivors in Class 1, the right to file passes to the siblings of the deceased. If the siblings have also passed away, their descendants (nieces and nephews of the deceased) may file the claim.
Class 3: Plaintiff Ad Litem
If there are no survivors in Class 1 or Class 2, the court may appoint a “plaintiff ad litem.” This is a person appointed by the court specifically to prosecute the action. This usually happens upon the request of someone entitled to share in the proceeds of the lawsuit.
It is important to note that under Missouri law, only one action may be brought against a defendant for the death of one person. This means family members generally must join together in a single lawsuit rather than filing separate claims.
Missouri Wrongful Death Statute of Limitations
Time is a critical factor in legal matters. Under RSMo § 537.100, there is a three-year statute of limitations for wrongful death claims.
This means you generally have three years from the date of your loved one’s death to file a lawsuit. If you miss this deadline, the court will likely dismiss your case, and you will be barred from recovering any compensation.
While three years may seem like a long time, building a strong legal case involves investigating the incident, gathering medical records, consulting with experts, and negotiating with insurance companies. It is often advisable to begin this process as soon as possible to preserve evidence and witness memories.
Exceptions and Limitations Under the Missouri Tort Claims Act
If the death was caused by a government entity or public employee (such as an accident involving a city bus or a dangerous condition on state property), the rules are different.
The doctrine of “sovereign immunity” generally protects government entities from being sued. However, Missouri waives this immunity in specific instances under RSMo § 537.600, such as:
- Injuries directly resulting from the negligent operation of a motor vehicle by a public employee.
- Injuries caused by a dangerous condition on a public entity’s property.
Claims against government entities are subject to strict damage caps. Under RSMo § 537.610, liability for public entities is capped at roughly $2 million (adjusted annually for inflation) for all claims arising out of a single occurrence, and roughly $300,000 (also adjusted annually) for any one person in a single accident.
Types of Damages Available in Missouri Wrongful Death Cases
The damages awarded in a wrongful death suit are intended to compensate the family for both tangible and intangible losses. Under RSMo § 537.090, the trier of fact (judge or jury) may award damages they deem “fair and just.” These typically fall into several categories:
Economic Damages
Economic damages are measurable financial losses, including:
- Medical Bills: Expenses for the medical treatment and care your family member received prior to their death.
- Funeral and Burial Costs: The expenses associated with the memorial service and interment of your loved one.
- Loss of Financial Support: The anticipated wages and income the deceased would have earned to support the household.
- Loss of Employment Benefits: Financial value of lost insurance coverage, pension contributions, and other employment-related incentives.
- Loss of Domestic Services: The calculated value of chores, maintenance, and other household duties the deceased performed.
Non-Economic Damages
Non-economic damages compensate for non-measurable losses, including:
- Loss of Consortium: The loss of the marital relationship, including intimacy, comfort, and partnership, as experienced by the surviving spouse.
- Emotional Pain and Suffering: Compensation for the grief, sorrow, and psychological suffering experienced by the family.
- Loss of Protection and Guidance: The absence of the deceased’s protective role and mentorship is particularly relevant when a parent or guardian has died.
How to File a Wrongful Death Claim in Missouri
Speak to an attorney and follow these steps in order to file a wrongful death lawsuit in Missouri:
1. Determine Who Can File
In Missouri, a wrongful death claim can be filed by the deceased person’s immediate family members, including the surviving spouse, children, parents, or siblings. If none of these relatives are alive, the court may appoint a representative to file the claim.
2. Prove the Claim
To succeed in a Missouri wrongful death case, you must prove the following:
- Duty of care: The defendant had a legal obligation (e.g., driving responsibly).
- Breach of duty: They acted negligently or recklessly.
- Causation: Their actions directly caused the person’s death.
- Damages: The family suffered losses such as medical expenses, lost wages, or emotional pain.
3. Gather Evidence
Gather important evidence like medical records, accident reports, police reports, witness statements, and documentation of financial and emotional losses.
4. Work with an Attorney
A skilled Missouri wrongful death attorney can investigate the case, establish liability, calculate damages, and handle legal proceedings to advocate for your family.
5. File the Lawsuit
In Missouri, a wrongful death lawsuit must be filed within three years of the date of death. Failing to meet this deadline may result in losing the right to pursue compensation.
6. Discovery and Resolution
During discovery, both sides exchange evidence and information. While most cases settle out of court, unresolved claims will proceed to trial, where a judge or jury will determine the outcome.
Frequently Asked Questions About Missouri Wrongful Death Claims
How Long Does a Wrongful Death Case Take to Resolve?
The timeline for resolving a wrongful death case in Missouri varies depending on the complexity of the case, how willing the parties are to negotiate, and court schedules. Some cases may settle in a few months, while others can take years, especially if they go to trial.
For more information about timelines, you can learn about how long a personal injury case takes in Missouri.
Can I File a Wrongful Death Claim If My Loved One Was Partially at Fault?
Missouri follows a pure comparative negligence rule, meaning you can recover damages even if your loved one was partially at fault for the incident that caused their death. However, the compensation will be reduced by their percentage of fault.
What If There’s Already a Criminal Case Against the Person Who Caused the Death?
Criminal and civil cases in Missouri are separate legal proceedings. While a criminal conviction can help strengthen your civil case, you don’t need to wait for the criminal case to conclude before filing your wrongful death claim.
Keep in mind that Missouri enforces a three-year statute of limitations for wrongful death claims, regardless of any ongoing criminal proceedings.
How Much Does It Cost to Hire a Wrongful Death Attorney?
Most wrongful death attorneys in Missouri work on a contingency fee basis. This means you don’t pay attorney fees unless your case is successful. This arrangement helps families pursue justice without upfront costs during an already difficult time.
Moving Forward After a Loss
Navigating the legal system while grieving the loss of a loved one is a heavy burden. You should be allowed to focus on your family and your healing, not on fighting insurance companies or deciphering statutes.
At The Law Offices of Peter A. Jouras, Jr., we understand the sensitivity of these cases. For over 25 years, our attorney, Peter A. Jouras Jr., has provided compassionate, one-on-one legal support to families in Missouri.
We offer free consultations to help you understand your rights, and we work on a contingency fee basis, meaning there is no financial risk to you. If you have questions about a potential Kansas City, Missouri wrongful death claim, please reach out to us. We are here to listen and help you find the answers you need.
Contact us online today to schedule a free consultation or call us at (913) 677-1999.
