Missouri’s Laws Regarding Who Can File a Wrongful Death Lawsuit

woman with her arm around a crying girl

In the state of Missouri, there is a wrongful death statute that determines the various parties who may be able to file a lawsuit against a negligent party. Having a firm understanding of this can help those eligible take legal action and hold the person responsible for the fatal injuries accountable.

Before you move forward, you should recognize whether or not you can pursue compensation on behalf of your lost loved one. Here are the parties that Missouri law allows to file a wrongful death lawsuit for the compensation they need and deserve.

Who Can File a Wrongful Death Lawsuit in Missouri?

First Priority

The statute states that the first people who are considered eligible to pursue compensation after a wrongful death are the surviving family members of the decedent. This includes:

  • the deceased’s surviving spouse
  • surviving children
  • surviving grandchildren

The law also allows surviving parents to bring forth a wrongful death claim should the incident involve a younger individual or a child. The family—who is affected most—hold the highest priority and are first in line to pursue action.

What Happens if There are No Surviving Family Members?

In the event that decedent does not have a surviving spouse, children, parents, or grandchildren, the next party in line to file a wrongful death claim is a surviving sibling. However, there are situations where the deceased does not have a surviving loved one.

What if There are No Surviving Relatives?

In these cases, there may be a personal representative of the estate to file a wrongful death claim.

It is imperative that whoever is filing a wrongful death claim understand their rights and options throughout the entire process. This makes it imperative to have a Missouri wrongful death lawyer on your side who can explain the laws concerning your lawsuit and safeguard your rights at all stages of the process.

At Kolker Law Firm, we prioritize your rights, as well as those of your family. When you need someone to look out for your best interests, you can feel comfort knowing our team is here to help and guide you at every turn.

Call our firm today at (314) 684-8285.

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