A wrongful death lawsuit allows surviving family members to seek justice and compensation for the loss of a loved one. However, because the deceased can no longer speak for themselves or pursue legal action, Missouri law establishes strict guidelines about who has the legal right to file these claims. Not everyone close to the deceased automatically qualifies as an eligible plaintiff, and understanding these limitations is essential before moving forward with a case.
Missouri’s Wrongful Death Statute Explained
In Missouri, a wrongful death claim can be filed when someone dies due to another person’s negligence or wrongful actions. Essentially, if the deceased could have pursued a personal injury lawsuit while alive, their qualifying family members can now step in to seek damages on their behalf. These claims hold negligent or intentional wrongdoers accountable when their actions result in fatal consequences.
Wrongful death lawsuits commonly arise from:
- Car accidents
- Truck collisions
- Medical malpractice
- Workplace accidents
- Defective products
- Nursing home neglect
- Pedestrian accidents
- Premises liability incidents
- Criminal acts
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Who Qualifies as an Eligible Plaintiff Under Missouri Law?
There are three categories of plaintiffs who may file a wrongful death lawsuit in Kansas City, Missouri. The first and primary category includes the deceased’s surviving spouse, children, grandchildren, and parents. These immediate family members have the strongest legal standing to file a claim.
If the deceased has no surviving spouse, children, grandchildren, or parents, the law moves to a second category. Here, surviving siblings may file the lawsuit. If no siblings survive, descendants of siblings—such as nieces or nephews—may pursue the claim. When no qualifying family members exist, the personal representative of the deceased’s estate can assert the wrongful death claim.
In rare situations where there’s no personal representative or estate, someone entitled to share in potential proceeds may petition the court to select a plaintiff ad litem. This court-appointed individual acts on behalf of those who would benefit from a successful claim.
How Long Do You Have to File a Wrongful Death Lawsuit in Missouri?
If you recently lost a loved one and believe that you are eligible to file a wrongful death lawsuit, it is important to act fast. Missouri’s statute of limitations requires most wrongful death lawsuits to be filed within three years from the date of death.
This deadline is very strict. If you file after the statute of limitations expires, the court will almost certainly dismiss your case entirely, regardless of how strong your claim might be. While three years may seem like ample time, grief and complicated family situations can make the months pass quickly. Starting the legal process promptly protects your right to justice.
Get Help with Your Family’s Wrongful Death Claim
Losing someone you love is hard enough without having to navigate complex rules and legal procedures. At Dollar, Burns, Becker, and Hershewe, we guide grieving families through every step of their wrongful death claims. Our attorneys will clarify your legal standing, protect your rights throughout the process, and pursue the full compensation your family needs to move forward. Contact us at (816) 876-2600 today for a free, confidential consultation with our Missouri wrongful death lawyers.