Who is Eligible to File a Wrongful Death Lawsuit in Missouri?

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wrongful death lawsuit

The death of a loved one is difficult to experience, but it becomes a time of complete devastation when it comes in the form of an unexpected accident. Thousands of people are killed due fatal auto accidents, product liability issues, medical malpractice or construction job incidents each year. As grief churns around you and your remaining loved ones, the last thing you may consider are the qualifications for a wrongful death lawsuit. 

At MHM, we are here to offer you a guiding hand through your filing process and give you the space you need to process the passing of your loved one. 

The First Step in Filing a Wrongful Death Case

In a wrongful death case, the first step is to determine who should file a wrongful death lawsuit on behalf of their loved one. By Missouri law, family members have a right to sue for wrongful death to achieve financial security after the passing of their loved one. There is a three-tier system that is used to determine who is eligible to file for wrongful death. 

The law explains that the following people, or “class members”,  may be able to file a wrongful death lawsuit in Missouri.  

  1. The spouse, parents, children or the children’s descendants of the deceased individual. 
  2. The deceased individual’s surviving siblings or their subsequent descendants. 
  3. A court appointed “plaintiff ad litem” on behalf of any person entitled to a share of the proceeds. 

A person who thinks he or she is part of one of the groups who should file a lawsuit should contact a wrongful death attorney to begin building their case. 

The Missouri Wrongful Death Lawsuit Statute of Limitations

In Missouri, there is a law that sets forth how long after a death you can file a case for wrongful death. A person must file a wrongful death lawsuit within three years following the official date of death. 

However, only one action may be taken to court for the wrongful death of a loved one, with the highest class or tier taking priority over all others. For example, if a man passed away in a serious car accident due to the other driver’s negligence, and his children and siblings are still living, the children would be the proper class of individuals eligible to file for wrongful death. In other words, if you are a class two member as set forth in the law, and there is a living class one member, you cannot file a wrongful death lawsuit.

What Compensation May be Obtained in a Wrongful Death Lawsuit? 

Once a lawsuit has been filed, your wrongful death attorney will help you recover the damages available to you, which include economic and non-economic damages. Economic damages are intended to reduce financial burdens following the loss of a loved one. These damages include medical expenses prior to death, funeral costs and loss of income. 

The impact of losing a loved one also has emotional consequences and families may seek non-economic damages in addition to financial losses. These damages may include loss of guidance, love or companionship, service, support, counsel or instruction. For example, if a single parent died in a construction accident, the children who were under his or her care may recover non-economic damages for the loss of guidance and support the parent would have provided. 

Your Missouri Wrongful Death Attorneys

The pain of an unexpected loss alters your entire life. When a loved one passes due to a serious accident that may have been prevented, the attorneys at MHM are at your side to find the answers and obtain the compensation you need to gain closure. If your family has experienced the wrongful loss of a loved one, contact our Missouri attorneys to determine your next steps in the wrongful death lawsuit process.