In Missouri, a wrongful death lawsuit may be filed by the deceased person’s spouse, children, grandchildren or parents. If none survive, the deceased person’s siblings or their children may sue. If no one in either group exists, the court can appoint a plaintiff ad litem (RSMo 537.080). The claim must be filed within three years of the death (RSMo 537.100).
Only one wrongful death lawsuit may be brought for a single death. Every relative entitled to share in the recovery has an interest in that one case. That is why who files, and how, matters so much.
What Counts as a Wrongful Death in Missouri?
A wrongful death is a death caused by another person’s or company’s wrongful act, negligence or default, in circumstances where the deceased could have sued for personal injury had they lived. Fatal car and truck crashes, motorcycle crashes, falls, unsafe premises, defective products, medical negligence and assaults all fall within the statute. The civil claim is separate from any criminal prosecution and does not depend on one being filed.
Who Is in Each Class of Family Members?
First class
The surviving spouse, children (natural or adopted, born in or outside marriage), the descendants of any child who has already died, and the deceased’s natural or adoptive parents. Any member of this class may file, and the claim is brought for the benefit of all of them.
Second class
If no one in the first class survives, the deceased’s brothers and sisters, or their descendants, may bring the claim.
Plaintiff ad litem
If no one in either class exists, a person entitled to share in the recovery may ask the court to appoint a plaintiff ad litem to bring the case.
A common question is whether a fiancé, a long-term partner or a stepchild who was never adopted can file. Under the statute as written, generally not. Those situations call for a careful look at the facts and the law, and sometimes at whether a different kind of claim exists.
How Long Do We Have to File?
Three years from the date of death (RSMo 537.100). That is two years shorter than Missouri’s general personal injury deadline, and families who assume they have five years can lose the claim entirely. If the death occurred in Illinois, the deadline is generally two years (740 ILCS 180/2). If a government entity may be responsible, additional notice requirements can apply and the time to act is much shorter.
The legal deadline is the last day to file. The evidence deadline is far sooner. Camera footage, vehicle data, phone records and witnesses are lost within weeks of a fatal crash, and the person who could best explain what happened is gone. The investigation has to start immediately.
What Can the Family Recover?
Missouri’s wrongful death damages statute (RSMo 537.090) allows the jury to award the damages it finds fair and just, taking into account:
- Funeral and burial expenses.
- Medical expenses from the final injury.
- The pain and suffering the deceased experienced between the injury and death.
- The reasonable value of the income, services and support the deceased would have provided.
- The loss of companionship, comfort, instruction, guidance, counsel, training and support the family has lost. Missouri law expressly recognizes these losses.
- In appropriate cases, additional damages for aggravating circumstances attending the death.
Missouri does not allow recovery for grief or bereavement as such; the statute compensates the concrete losses listed above. There is no general cap on compensatory wrongful death damages in Missouri outside medical negligence cases. Every case is different, and no prior result predicts another.
How Is the Recovery Divided Among Relatives?
The court, not the family, apportions any settlement or verdict among the people entitled to share in it, in proportion to the losses each has suffered (RSMo 537.095). Every wrongful death settlement must be approved by the court, and the person who files must make a diligent effort to notify every other relative who has the right to sue. This protects minor children and prevents one relative from compromising everyone’s rights. It is also why the person who files should understand that they act for the whole family.
Does a Criminal Case Affect the Civil Claim?
No. A criminal prosecution is brought by the state to punish a crime. A wrongful death case is brought by the family to recover for its loss. The civil case has a lower burden of proof, and it can reach companies and institutions the criminal case never touches: the employer of a drunk driver, the bar that over-served him, the trucking company that pushed an exhausted driver, the property owner who ignored a hazard, the hotel that gave a predator access. The Injury Counsel’s cases are built on that kind of investigation.
How Should a Family Choose a Wrongful Death Lawyer?
Ask who will actually handle the case and whether you will talk to the lawyer. Ask what the investigation will involve in the first thirty days. Ask about trial experience, because insurers pay more to firms that will try the case. Ask about fees and costs in writing. And ask whether the firm has time for your case.
The Injury Counsel approaches wrongful death cases with the understanding that no amount of money replaces the person you lost, and that accountability still matters. Call (314) 727-7220 for a free, confidential consultation. Your family has been through enough.
