Who Can Sue for Wrongful Death in Missouri?

The death of a loved one is a devastating event, especially when it occurs due to someone else’s negligence or misconduct. In such tragic situations, Missouri law provides a means for survivors to seek justice through a wrongful death lawsuit. Understanding who can sue for wrongful death is crucial for holding the responsible parties accountable and helping the family of the deceased recover the compensation they deserve. So, who can sue for wrongful death in Missouri?

What Is Wrongful Death?

Before delving into who can file a wrongful death lawsuit, it’s important to understand what constitutes wrongful death. A wrongful death occurs when a person dies as a result of another party’s negligence, recklessness, or intentional misconduct. Common causes include car accidents, medical malpractice, workplace accidents, and criminal acts. Specific statutes govern wrongful death claims in Missouri, outlining survivors’ rights and the legal procedures involved.

Who Can File a Wrongful Death Lawsuit in Missouri?

Under Missouri law, the right to file a wrongful death lawsuit is prioritized in a specific order. The first in line are the immediate family members:

• Spouse and Children – The spouse of the deceased has the primary right to file a wrongful death lawsuit. If the deceased was unmarried, the right then passed to the children. This includes biological, adopted, and in some cases, stepchildren who were financially dependent on the deceased.
• Parents – If the deceased did not have a spouse or children, the parents of the deceased have the right to file the lawsuit. This can be particularly important in cases where the deceased was a minor or a young adult without a spouse or children.

If there are no surviving spouses, children, or parents, the right to sue extends to other individuals:

• Siblings – If there are no surviving members of the immediate family, siblings of the deceased may, therefore, file a wrongful death lawsuit. This includes both brothers and sisters, whether they are full siblings or half-siblings.
• Personal Representative – In the absence of immediate family members, the court may appoint a personal representative. The representative of the deceased’s estate can file a wrongful death lawsuit. This representative represents the estate and the deceased’s beneficiaries and must be an individual entitled to receive a portion of any financial recovery obtained through the lawsuit.

Steps to File a Wrongful Death Lawsuit

How to deal with wrongful death? Understanding how to file a wrongful death lawsuit is crucial for those seeking justice for their loved ones. Here are the general steps involved:

• Contacting an Attorney – The first step is to contact a wrongful death attorney with experience handling these types of cases. An experienced attorney can provide legal advice, evaluate the merits of the case, and guide the family through the legal process.
• Investigation – The attorney will conduct a thorough investigation to gather evidence supporting the wrongful death claim. This may include medical records, accident reports, witness statements, and expert testimony.
• Filing the Complaint – Once sufficient evidence is gathered, the attorney will file a formal complaint in court. This document outlines the allegations against the defendant, the legal basis for the lawsuit, and the compensation sought.
• Litigation – The litigation process involves pre-trial motions, discovery (exchange of information between parties), and possibly a trial. During this time, the parties may also engage in settlement negotiations to resolve the case without going to trial.

How to File a Wrongful Death Claim

Filing a wrongful death claim requires adherence to Missouri’s specific legal procedures. Key considerations include:

• Statute of Limitations – In Missouri, the statute of limitations for wrongful death claims is typically three years from the date of death. Filing the lawsuit within this timeframe is crucial to avoid losing the right to seek compensation.
• Proving Negligence – To win a wrongful death claim, the plaintiff must demonstrate that the defendant’s actions directly led to the death. This involves demonstrating that the defendant owed a duty of care to the deceased, breached that duty, and caused the death as a result.

Potential Compensation Available in a Wrongful Death Lawsuit

Families who file a wrongful death lawsuit may receive various types of compensation, including:

• Economic Damages – These include compensation for financial losses such as medical expenses incurred before death, funeral and burial costs, lost wages and benefits, and the value of services the deceased would have provided.
• Non-Economic Damages – Non-economic damages cover the emotional and psychological impact of the death. This includes pain and suffering, loss of companionship, guidance, and support, and the emotional distress experienced by the survivors.
• Punitive Damages – In cases involving egregious misconduct or intentional harm, the court may award punitive damages. They are designed to punish the defendant and deter similar behavior in the future.

Contact a St. Louis Wrongful Death Attorney at Goldblatt + Singer

In Missouri, the right to sue for wrongful death follows a specific hierarchy. It starts with the spouse and children, followed by parents, siblings, and, ultimately, a personal representative. Understanding who can file a wrongful death lawsuit is essential for making sure the responsible parties are held accountable. This helps the family have the chance to seek the justice and compensation they deserve. If you believe you have a wrongful death claim, it is important to consult with an experienced attorney. Explore your legal options and take the necessary steps to protect your rights.

If you have experienced the loss of a loved one due to someone else’s negligence or misconduct, it is crucial to understand your rights and seek legal counsel. At Goldblatt + Singer, we have significant experience managing cases like this. Our team is dedicated to helping families navigate the legal complexities and secure the compensation they deserve. Contact us today at (314) 231-4100 for a free consultation with a compassionate and knowledgeable St. Louis wrongful death lawyer. Our firm can help your families fight for the justice and accountability they deserve.

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