When someone dies because of another person’s negligence or wrongful action, the law calls that a wrongful death. In these cases, surviving family members may have the right to seek justice and recover financial support. Understanding who can actually file a wrongful death lawsuit in St. Louis, Missouri is important. It helps families know whether they are allowed to start the legal process and what options are available for holding the responsible party accountable.
Here’s who can file a wrongful death claim in the state of Missouri:
Immediate Family Have The First Right to File in
The very first group with the right to file includes a person’s immediate family. This is sometimes called “Class 1.” This includes:
- Surviving Spouse: The widow or widower can file the lawsuit. If the person who passed was not married at the time of their death, other family members take priority.
- Children: All children of the deceased can file, including biological, adopted, and children born outside of marriage. If one of the deceased’s children has also died, that child’s children (the deceased person’s grandchildren) can step in to file instead.
- Parents: Parents are also allowed to file the claim. This covers both biological and adoptive parents.
(1) By the spouse or children or the surviving lineal descendants of any deceased children, natural or adopted, legitimate or illegitimate, or by the father or mother of the deceased, natural or adoptive;
Siblings and Their Descendants
If no one from the first group survived or is able to file, the right then moves to the next class.
- Brothers and Sisters: Siblings may file for wrongful death if there is no surviving spouse, child, or parent.
- Descendants of Siblings: If all brothers and sisters have also passed, their own children (the nieces and nephews of the deceased) gain the next opportunity to move forward with a lawsuit.
(2) If there be no persons in class (1) entitled to bring the action, then by the brother or sister of the deceased, or their descendants, who can establish his or her right to those damages set out in section 537.090 because of the death;
When There is No Surviving Family
In some situations, there are no surviving family members from the first two classes. If this happens, the probate court steps in.
- Court-Appointed Plaintiff: The court will pick a person to represent anyone entitled to share in the proceeds of the case. This chosen individual is called the “plaintiff ad litem.”
(3) If there be no persons in class (1) or (2) entitled to bring the action, then by a plaintiff ad litem. Such plaintiff ad litem shall be appointed by the court having jurisdiction over the action for damages provided in this section upon application of some person entitled to share in the proceeds of such action. Such plaintiff ad litem shall be some suitable person competent to prosecute such action and whose appointment is requested on behalf of those persons entitled to share in the proceeds of such action. Such court may, in its discretion, require that such plaintiff ad litem give bond for the faithful performance of his duties.
Personal Representative
Sometimes a personal representative is assigned through the person’s will, or the court selects this representative during the probate process. This individual can file the lawsuit if there is no one from the other classes. Their primary job is to work in the interest of anyone with a potential claim.
Time Limits for Filing a Wrongful Death Lawsuit in Missouri
In Missouri, the law generally gives you three years from the date of your loved one’s death to file a wrongful death lawsuit. This is what’s called the statute of limitations.
537.100. Limitation of action — effect of absence of defendant and nonsuit. — 1. Every action instituted under section 537.080 shall be commenced within three years after the cause of action shall accrue;
It’s important to know that there are some situations where the time limit might change – it could be extended or shortened. Every case is unique, and small details can make a big difference. That’s why it makes sense to speak with a lawyer as soon as you’re able.
If you have questions or aren’t sure if you still have time, reach out to our St. Louis wrongful death lawyers for a free consultation. We can look at the facts and help determine if you’re eligible to file a wrongful death lawsuit.