03/30/2026
Missouri Wrongful Death Law: Who can file a claim, and what can be recovered?
Losing a family member due to someone else's negligence is devastating. Missouri law allows surviving family members to pursue a wrongful death claim, but there are important rules about who can file and when.
Who can file in Missouri? Missouri has a specific hierarchy. A spouse, children, or grandchildren have the first right to file. If none exist, parents or siblings may file. If none of the above, a plaintiff ad litem appointed by the court may bring the claim.
One critical detail: only one lawsuit can be filed per death. All eligible family members must be included in a single case. This is why family communication early on is so important.
What damages can be recovered? Eligible damages include medical expenses before death, funeral and burial expenses, the deceased's lost future earnings, the survivors' loss of companionship and comfort, and the survivors' grief and bereavement.
The clock is ticking. Missouri's wrongful death statute of limitations is 3 years from the date of death. Missing that deadline almost always means losing your right to file permanently.
No family should have to navigate this alone while grieving. If you've lost someone due to negligence, understanding your rights costs you nothing.
Call 314-588-8000 for a free consultation. midwesttriallawyers.com