Who Can File a Wrongful Death Claim in Missouri?

The Three Classes of People Who Can File

Missouri groups eligible family members into three classes. A later class can act only if no one in an earlier class is entitled to bring the claim.

• Class 1: Spouse, children, and parents. The surviving spouse, the deceased’s children, the descendants of any children who have already passed (such as grandchildren), and the deceased’s father or mother. The law treats adopted children and adoptive parents the same as biological family, and it includes children born outside of marriage. Parents of an adult child are included, not just parents of minors.
• Class 2: Brothers and sisters. If no one qualifies under Class 1, a brother or sister of the deceased, or their descendants, may file. A sibling must be able to show a real loss from the death, such as lost support, companionship, or guidance.
• Class 3: A plaintiff ad litem. If no one falls into the first two classes, the court can appoint a plaintiff ad litem to bring the claim. This person is appointed at the request of someone entitled to share in the recovery and must be suitable to pursue the case. The court can require a bond.

In most adult crash cases, a spouse, child, or parent brings the claim.

When Several Family Members Qualify

Missouri allows only one wrongful death action against any one defendant for the death of any one person. That means the family brings its claims together, not as separate lawsuits.

• One person can act for everyone. Any eligible family member can bring the claim or negotiate a settlement on behalf of everyone else in the class.
• Everyone must be notified. Before the court approves a settlement, the person bringing the claim must show a diligent attempt to notify every other family member with a right to sue.
• The court approves the settlement. Missouri requires court approval for a wrongful death settlement.
• The court divides the recovery by loss. The court apportions the money among the eligible family members in proportion to the losses each one suffered. Class 1 status does not guarantee an equal share. A family member who suffered little or no loss, such as a parent with no relationship to the deceased, may receive a smaller share or none.

This process protects family members who are not the one leading the case, and it is especially important when minor children are involved.

Common Questions About Who Qualifies

• Unmarried partners and fiancés are not listed in the statute and generally cannot bring a wrongful death claim, however close the relationship.
• Stepchildren and stepparents generally cannot recover unless there was a legal adoption.
• Aunts, uncles, cousins, and friends are not eligible claimants.
• A former spouse has no claim of their own, but may act on behalf of the couple’s minor children.
• Minor children take part through an adult, often a parent or a court-appointed guardian, who represents their interests.
• An unborn child. Missouri courts allow a wrongful death claim for the death of an unborn child caused by another’s negligence, such as when a pregnant mother is injured in a crash.

Family situations are often more complicated than the statute’s categories. When there are blended families, estrangement, or more than one set of children, it is worth sorting out who is eligible before anyone signs anything.

What the Family May Recover, and When to File

Under Missouri law, a wrongful death claim may include:

• Funeral and burial expenses
• Medical bills for treatment between the injury and the death
• The pain and suffering the person endured before passing
• Lost income and financial support the person would have provided
• The loss of companionship, comfort, guidance, counsel, and care
• In some cases, damages for aggravating circumstances, such as a drunk driver

A crash that causes a death often involves more than one responsible party and more than one insurance policy, especially when a commercial truck is involved. Finding every available source of coverage early helps protect the family’s recovery.

Missouri generally requires a wrongful death lawsuit to be filed within three years of the date of death. Our article on Missouri filing deadlines explains how these limits work. For a look at the steps that follow once you file a claim, see what to expect during a wrongful death lawsuit.

Talk to a St. Louis Wrongful Death Attorney

If you lost a family member in a crash caused by someone else, The Hoffmann Law Firm can help you understand who in the family is eligible, what the claim may include, and what steps come next. Since 1998, our practice has focused on motor vehicle injury cases only, and you will work directly with Attorney Christopher Hoffmann. We handle these cases with the care a grieving family deserves.

Call (314) 361-4242 for a free consultation, or send us a few details. We don’t charge a fee unless we recover compensation for your family. You can also learn more about our St. Louis wrongful death practice.

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