In Missouri, the first group legally entitled to file a wrongful death lawsuit includes the deceased person’s spouse, children, surviving descendants of a deceased child, and mother or father. If no one in that group is entitled to bring the claim, Missouri law next allows brothers, sisters, or their descendants to file. If no qualifying family member in either group exists, a court may appoint a plaintiff ad litem to pursue the wrongful death case. Missouri Revised Statutes § 537.080 establishes this priority system.
Losing someone you love because of another person’s negligence is devastating.
A wrongful death case cannot undo what happened.
But it can hold the responsible person or company accountable and help protect a family from the financial consequences that follow an unexpected death.
If your family lost someone in Missouri because of a car accident, truck crash, dangerous property condition, medical negligence, defective product, or another preventable event, it is important to understand who has the legal right to bring the claim—and how quickly the family should act.
1. Who Has First Priority To File A Missouri Wrongful Death Lawsuit?
Missouri law divides potential wrongful death claimants into different classes.
The first class includes:
- The deceased person’s spouse
- The deceased person’s children
- Surviving descendants of a deceased child
- The deceased person’s mother
- The deceased person’s father
This includes qualifying natural and adopted relationships recognized by the statute.
These family members have priority over more distant relatives.
Example:
If a man dies in a Missouri truck accident and leaves behind a wife and two children, members of this first statutory class have the right to pursue the wrongful death claim.
A surviving brother or sister would not move ahead of the spouse or children.
2. Can Brothers Or Sisters File A Wrongful Death Lawsuit In Missouri?
Yes—but generally only when no member of the first statutory class is entitled to bring the action.
Missouri’s second class includes:
- Brothers
- Sisters
- Descendants of a deceased brother or sister who can establish a right to recover wrongful death damages
This means siblings usually do not have priority when the deceased leaves a qualifying spouse, child, parent, or descendant of a deceased child.
3. What If The Deceased Has No Qualifying Close Family Members?
Missouri law provides another option.
If there is no eligible person in the first or second class, a court may appoint a plaintiff ad litem.
A plaintiff ad litem is a suitable person appointed by the court to prosecute the wrongful death case on behalf of those entitled to benefit from the claim.
This prevents a potentially valid wrongful death claim from automatically disappearing simply because the deceased did not leave one of the relatives listed in the first two groups.
4. Does The Personal Representative Of The Estate Automatically File The Case?
Not necessarily.
Missouri wrongful death law is different from the law in some other states.
The right to file is primarily controlled by the categories established under Missouri Revised Statutes § 537.080, rather than automatically belonging to the executor or administrator of the deceased person’s estate.
That is one reason families should not assume that whoever is handling probate automatically controls the wrongful death case.
Wrongful death and probate can involve different legal rights and procedures.
5. What If Several Family Members Are Eligible To File?
This is an important Missouri-specific issue.
If two or more people are entitled to pursue the wrongful death claim, Missouri law allows one or more of them to maintain the lawsuit without requiring every eligible person to formally join, provided the claimant satisfies the court that diligent efforts were made to notify other parties who have a wrongful death cause of action.
Any settlement or recovery can then be subject to court procedures governing the people entitled to share in the proceeds.
Missouri also provides that only one wrongful death action may be brought against a particular defendant for the death of one person.
This makes coordination among family members extremely important.
6. How Is A Wrongful Death Settlement Divided Among Family Members?
It is not necessarily divided equally.
Missouri law provides a process for the court to apportion wrongful death proceeds among people entitled to recover based on the losses suffered by each person.
The court can consider the individual impact the death had on each eligible claimant.
That can become particularly important when a deceased person leaves:
- A spouse
- Several children
- Parents
- Financial dependents
- Family members who relied heavily on the deceased for care or support
These cases should be handled carefully because the interests of several family members may be involved at the same time.
7. What Has To Be Proven In A Missouri Wrongful Death Case?
A family does not recover compensation simply because a loved one died.
The case generally must establish that the death resulted from conduct or circumstances that would have allowed the deceased person to pursue a legal claim had the person survived.
Missouri’s wrongful death statute specifically applies when a death results from an act, conduct, occurrence, transaction, or circumstance that would have entitled the deceased to recover damages if death had not occurred.
Depending on the case, evidence may need to establish:
- Another person or company owed a legal duty.
- That duty was violated.
- The wrongful conduct caused or contributed to the death.
- Eligible family members suffered legally recoverable damages.
What Types Of Accidents Can Lead To A Missouri Wrongful Death Claim?
Wrongful death cases can arise from many circumstances, including:
- Fatal car accidents
- Commercial truck crashes
- Motorcycle accidents
- Pedestrian deaths
- Bicycle accidents
- Drunk-driving crashes
- Dangerous property conditions
- Defective products
- Medical negligence
- Nursing home negligence
- Construction accidents
- Dangerous machinery
- Negligent security
- Other fatal incidents caused by negligence or wrongful conduct
Determining exactly who caused the death is critical.
In some cases, more than one person, business, insurance company, property owner, employer, manufacturer, or other party may potentially be involved.
8. What Compensation Can A Family Recover In A Missouri Wrongful Death Case?
Missouri law allows the factfinder to consider the financial and personal losses created by the death.
Recoverable damages may include the reasonable value of losses such as:
- Lost financial support
- Lost future income
- Funeral expenses
- Lost services
- Loss of companionship
- Loss of consortium
- Loss of comfort
- Loss of guidance
- Loss of instruction
- Loss of counsel
- Loss of training
- Loss of support
Missouri law may also permit recovery for certain damages suffered by the deceased between the injury and death that the deceased could have pursued had death not occurred.
One important distinction: Missouri’s wrongful death statute states that damages for grief and bereavement themselves are not recoverable, even though the law recognizes many other losses caused by the death.
9. How Much Is A Missouri Wrongful Death Case Worth?
There is no fixed average wrongful death settlement.
The value depends on factors such as:
- The deceased person’s age
- Income and earning history
- Expected future earnings
- Benefits the deceased would likely have provided
- Number and ages of dependents
- Medical expenses before death
- Funeral expenses
- Services the deceased provided
- Relationship with surviving family members
- Loss of companionship and support
- Circumstances surrounding the death
- Strength of the liability evidence
- Available insurance coverage
- Number of responsible parties
A fatal crash involving a young parent who financially supported several children can involve dramatically different losses than another case.
Every family deserves an individual evaluation—not an online settlement calculator.
10. How Long Do I Have To File A Wrongful Death Lawsuit In Missouri?
This is critical.
Missouri generally requires a wrongful death action under § 537.080 to be commenced within three years after the cause of action accrues, subject to specific statutory exceptions and procedural rules.
But families should not treat three years as permission to wait.
Important evidence can disappear long before the legal deadline.
For example:
- Surveillance video may be erased.
- Commercial truck data can be lost.
- Vehicles may be repaired or destroyed.
- Witnesses become harder to locate.
- Records disappear.
- Memories fade.
- Insurance companies begin building defenses immediately.
If your family suspects negligence caused a death, getting legal advice early can help preserve evidence before it is lost.
What Should A Family Do After A Suspected Wrongful Death?
When possible:
- Obtain the police or accident report.
- Save photographs and videos.
- Keep medical and funeral records.
- Preserve correspondence from insurance companies.
- Write down witness names and contact information.
- Save employment and income records.
- Do not sign an insurance release without understanding it.
- Be cautious about recorded insurance statements.
- Avoid discussing the case publicly on social media.
- Contact an experienced Missouri wrongful death attorney promptly.
In serious cases, an attorney may also send preservation demands designed to prevent important evidence from being destroyed.
Frequently Asked Questions About Missouri Wrongful Death Lawsuits
Can a spouse file a wrongful death lawsuit in Missouri?
Yes. A surviving spouse is included in Missouri’s first priority class of people entitled to bring a wrongful death claim.
Can children file a wrongful death lawsuit for a parent in Missouri?
Yes. Children of the deceased are included in the first statutory class and may qualify to bring the claim.
Can parents sue for the wrongful death of an adult child in Missouri?
Yes. The natural or adoptive mother or father of the deceased is included in Missouri’s first class of eligible wrongful death claimants.
Can siblings file a wrongful death claim in Missouri?
Potentially. Brothers, sisters, and certain descendants of siblings fall into the second statutory class and generally become eligible when there is no person in the first class entitled to bring the action.
Can several family members receive compensation?
Yes. Missouri law provides procedures for allocating wrongful death proceeds among people legally entitled to recover, with the court apportioning damages according to the losses suffered.
Can two family members file separate wrongful death lawsuits?
Missouri law provides for only one wrongful death action against a particular defendant for one person’s death. Families with multiple eligible claimants should obtain legal advice about how the claim should be handled.
Is there a three-year deadline for wrongful death in Missouri?
Generally, yes. Missouri Revised Statutes § 537.100 provides a three-year limitations period for actions brought under the wrongful death statute, although exceptions can apply.
Do I need a lawyer to file a Missouri wrongful death lawsuit?
You are not required to hire a lawyer simply because a death occurred, but wrongful death litigation can involve complex questions of liability, insurance coverage, eligible family members, damages, court approval, allocation of settlement proceeds, and deadlines. For a substantial or disputed claim, experienced legal representation can be extremely important.
Did Your Family Lose Someone Because Of Negligence In Missouri? Call Sansone & Lauber
Nothing can replace the person your family lost.
A wrongful death lawsuit is not about putting a price on someone’s life.
It is about accountability.
It is about protecting the people left behind.
And it is about making sure the person, company, or insurance carrier responsible for a preventable death does not get to decide what your family’s loss is worth.
Sansone & Lauber represents families in St. Louis and throughout Missouri in serious wrongful death cases. The firm reports recovering millions of dollars for wrongful death families, including a $4.5 million wrongful death settlement in a St. Louis medical malpractice case.
Call Sansone & Lauber Today: 314-863-0500
Free consultation. No fee unless we win.
If you believe negligence caused the death of someone you love, do not wait until critical evidence disappears.
Call now. Get answers. Protect your family. Hold the responsible party accountable.
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