Who Can File a Wrongful Death Lawsuit in Missouri?

December 2, 2024

Who Can File a Wrongful Death Lawsuit in Missouri?

Losing a loved one is an emotional and painful experience, and when that death occurs due to someone else’s negligence or intentional harm, it can be even more devastating. In Missouri, a wrongful death lawsuit allows the surviving family members of the deceased to seek compensation for their loss. At AGH Law, we are dedicated to providing legal assistance to the Kansas City public, helping families navigate the complex legal process of filing a wrongful death lawsuit.


Who is Eligible to File a Wrongful Death Lawsuit in Missouri?


In Missouri, the law specifies who can file a wrongful death claim. Generally, the following individuals are eligible to bring a wrongful death lawsuit:

  1. Spouse of the Deceased
  • The surviving spouse can file a wrongful death lawsuit on behalf of themselves and any minor children of the deceased.
  1. Children of the Deceased
  • The children of the deceased may file a wrongful death lawsuit if there is no surviving spouse or if the spouse is unable to act. Children can also be part of a wrongful death claim if they are seeking compensation for the loss of a parent.
  1. Parents of the Deceased
  • If the deceased person was unmarried and had no children, the parents can file a wrongful death lawsuit.
  1. Other Close Family Members
  • In some cases, other family members who were financially dependent on the deceased or were closely connected to them, such as siblings, may be eligible to file a claim. However, this is less common and often depends on the specifics of the case.


What Damages Can Be Sought in a Wrongful Death Lawsuit?


A wrongful death lawsuit in Missouri can seek damages for:

  • Funeral and burial expenses
  • Medical expenses incurred due to the injury or illness leading to death
  • Loss of financial support that the deceased would have provided
  • Loss of companionship and emotional suffering of the surviving family members
  • Punitive damages in cases of gross negligence or intentional harm


When Must a Wrongful Death Lawsuit Be Filed?


In Missouri, a wrongful death claim must be filed within three years from the date of the deceased person’s death. This is known as the statute of limitations. If the lawsuit is not filed within this time frame, the right to pursue compensation may be lost.


How AGH Law Can Help


If you’ve lost a loved one due to someone else's negligence or wrongful actions, it’s important to consult with an experienced attorney to understand your legal rights and options. At AGH Law, we are committed to helping families in Kansas City seek justice and compensation for their loss. We handle wrongful death cases with compassion and dedication, ensuring your case is pursued with the care it deserves.

Contact AGH Law today for a consultation, and let us help you navigate this difficult time.

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