Who Can File a Wrongful Death Lawsuit in Missouri?

Losing a loved one due to someone else’s negligence or wrongful act is devastating. Missouri law allows certain family members to pursue justice through a wrongful death lawsuit. Understanding who has the legal right to file is essential when considering this type of claim. At AGH Law, we provide guidance and legal support to families in Kansas City during these difficult times.

Missouri’s Wrongful Death Statute

Missouri law categorizes eligible parties into different classes. These classes determine who may bring forward a wrongful death claim:

• Class One: Immediate Family Members
• The first right to file belongs to the surviving spouse, children, or grandchildren of the deceased.
• Parents of the deceased may also file if no spouse or children exist.
• Class Two: Siblings and Their Descendants
• If no one in Class One is available or willing to file, the deceased’s siblings or their children (nieces and nephews) may pursue the claim.
• Class Three: Court-Appointed Plaintiff
• If there are no surviving relatives in Classes One or Two, the court can appoint a "plaintiff ad litem," often chosen by those with a financial interest in the case, to bring the lawsuit.

Damages in a Wrongful Death Claim

A wrongful death lawsuit seeks to recover financial and emotional losses such as:

• Funeral and burial expenses
• Medical bills related to the final injury or illness
• Lost income and benefits the deceased would have provided
• Loss of companionship, guidance, and support
• Pain and suffering experienced by the deceased before death

Time Limits to File

Missouri has a strict statute of limitations for wrongful death claims. Generally, families have three years from the date of death to file. Missing this deadline can bar recovery completely, making it critical to act promptly.

How AGH Law Supports Families in Kansas City

At AGH Law, we understand that pursuing a wrongful death lawsuit is about more than financial compensation—it’s about accountability and justice. We help families navigate Missouri’s complex wrongful death laws and work toward securing the outcome they deserve.