The death of a loved one is always difficult, but when it results from another party’s negligence or wrongful act, Missouri law provides a legal remedy through a wrongful death claim. Before such a claim can proceed, however, a threshold issue must be addressed: determining who has the legal right to bring the action. Without standing, the claim cannot move forward. Under Missouri law, this right is granted in a specific order of priority, beginning with the deceased’s spouse, children, or parents.
When you unexpectedly lose a loved one in the State of Missouri due to the carelessness of another, a wrongful death lawyer can help you put your life back together. Buchanan, Williams & O’Brien, P.C.is a trusted law firm that has served Missourians for over 40 years. Schedule a free consultation if you have questions or concerns.
Who Can File a Wrongful Death Lawsuit?
Under Missouri Revised Statute § 537.080, the state follows a clear hierarchy for who may bring a wrongful death claim. Only those closest to the deceased have the initial right to file.
Class One – Primary Claimants
If you are the spouse, child, or parent of the person who passed away, Missouri law gives you first priority to file a wrongful death claim. Any eligible person in this group may bring the claim. Other Class One members may join the action, or the group may agree to designate a representative to pursue the claim on behalf of all.
Class Two – Secondary Claimants:
If there are no surviving spouse, children (or their descendants), or parents, Missouri law grants the right to file a wrongful death claim to the deceased’s siblings or their descendants. This second class of claimants may pursue the action only when no Class One members exist or are willing and able to file. This statutory structure allows next of kin to pursue a claim when closer relatives are not available.
Class Three – Tertiary Claimants:
If there are no surviving relatives in Class One or Class Two, Missouri law allows the court to appoint someone, known as a plaintiff ad litem, to file the wrongful death claim. The court appoints this person upon the request of a relative or other party who would be legally entitled to a portion of any recovery under Missouri’s wrongful death statute. This process ensures that a claim can still be brought, even when close family members are unavailable.
Only one person or representative from the highest applicable class can file. For example, if a spouse and children survive the deceased, siblings or distant relatives cannot file a separate case. This structure ensures that only one wrongful death action proceeds, avoiding duplicate lawsuits and preserving judicial efficiency.
Common Situations That Lead to Wrongful Death Claims
Wrongful death cases arise from situations where someone breaches a legal duty of care, and that breach directly results in another person’s death.
Common examples include:
- Car accidents, especially those involving DUI or reckless driving
- Medical malpractice, such as fatal surgical complications or misdiagnosis
- Workplace accidents where safety rules were ignored
- Defective products that cause fatal injuries
- Unsafe property conditions, such as slip and fall accidents
Recognizing these common scenarios can help you understand when a wrongful death claim may be appropriate and worth exploring with legal counsel.
How Long Do I Have To File a Wrongful Death Claim?
Missouri imposes a three-year statute of limitations on wrongful death claims calculated from the date of death. Failing to file within this period generally bars recovery, even in cases of clear liability or strong supporting evidence. Exceptions are narrow and rarely granted. Early legal involvement allows counsel to preserve time-sensitive evidence, retain expert witnesses, and prepare a case that fully reflects your family’s losses.
Damages in a Wrongful Death Claim in Missouri
Missouri law allows recovery for several types of losses or damages in a wrongful death claim, including:
- Lost income and benefits the deceased would have provided
- Medical and funeral expenses
- Loss of care, guidance, and companionship
- Pain and suffering experienced by the deceased between the injury and death.
Missouri has no cap on wrongful death damages, except in cases involving medical malpractice, where statutory limits apply to non-economic damages. In most other cases, a jury determines the appropriate compensation based on the evidence.
Schedule a Free Consultation with an Experienced Missouri Wrongful Death Attorney
At Buchanan, Williams & O’Brien, P.C., our team has the experience and skills to handle any wrongful death case. We understand the emotional turmoil of losing a loved one due to another’s negligence. We act promptly and strategically, collecting evidence to build a strong case and pursue the full value of your wrongful death settlement or court award.
Contact our Joplin office to schedule a free, no-obligation consultation with a wrongful death lawyer. You pay nothing unless we win.