The Basics of Wrongful Death Claims in Missouri

• March 25, 2025
• Wrongful Death

In Missouri, wrongful death is legally defined as: “the death of a person result[ing] from any act, conduct, occurrence, transaction, or circumstance which, if death had not ensued, would have entitled such person to recover damages in respect thereof.” (Missouri Statutes section 537.080).

In simpler terms, this means that if someone’s negligent or intentional actions lead to the death of another, the deceased’s surviving family members may have the right to pursue a wrongful death claim.

Common Causes of Wrongful Death

Wrongful death claims can arise from a variety of incidents, including:

• Vehicle Accidents (i.e., Automobile, Truck, Motorcycle)
• Defective Products
• Bicycle Accidents
• Premises Liability such as slip and falls
• Pedestrian Accidents
• Violent or Intentional Acts

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Who Can File a Wrongful Death Claim in Missouri?

Missouri law specifies who is eligible to bring a wrongful death lawsuit (the following categories are ranked in priority order):

• Category 1 — The surviving spouse; children; lineal descendants of a deceased child; or the parents.
• Category 2 — If there are no individuals in Category 1 to file an action, the siblings or their descendants may be entitled to damages.
• Category 3 — If there are no individuals in Category 1 or 2 to file an action, the court may appoint someone to file a wrongful death lawsuit – a “plaintiff ad litem’.

It is important to note that individuals in the second or third category may only file a lawsuit if no one qualifies from the preceding category.

Learn more about who can file a wrongful death lawsuit.

When you have questions, our team is here to answer them for you.

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Wrongful Death Claim Damages

Wrongful death claims aim to compensate surviving family members for various losses, which may include:

• Funeral and burial expenses
• Medical bills related to the deceased person’s final injury or illness
• Value of wages and benefits the deceased would likely have earned if he or she had lived
• Pain and suffering experienced by the deceased just before death, and
• The “reasonable value of the services, consortium, companionship, comfort, instruction, guidance, counsel, training, and support” the deceased person provided to surviving family members.

Time Limits for Filing a Claim

Missouri imposes a statute of limitations for wrongful death claims, requiring lawsuits to be filed within three years of the date of death. Claims filed after this period will typically not be considered by the court.

To navigate these time-sensitive and complex processes, consulting with an experienced wrongful death attorney can improve the likelihood of a favorable outcome.

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How Nash & Franciskato Can Assist You

At Nash & Franciskato, we are committed to helping families during their most challenging times. Our knowledgeable attorneys will provide personal, compassionate guidance and ensure your case is handled with care. We offer:

• A free, no-obligation case evaluation
• Expert legal advice to help you file your claim within Missouri’s legal time frame

Contact us at (877) 284-6600 to schedule your free, no-obligation consultation with one of our experienced team members todaay.

CONTACT US FOR A FREE REVIEW OF YOUR CASE

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Past results afford no guarantee of future results and each case is different and is judged on its own merits. The choice of a lawyer is an important decision and should not be based solely on advertisements.

Editor’s Note: This post was originally published on April 10, 2020. It was reviewed on September 27, 2023, and again on March 25, 2025, for content and accuracy and re-published.