Losing a family member due to someone else’s negligence is a tragedy no one should ever have to endure. Unfortunately, when such a loss occurs, surviving family members are often left with more than just emotional grief—they may also face financial hardship, unanswered questions, and a strong desire for justice. Missouri law allows qualifying family members to file a wrongful death lawsuit to seek compensation and accountability. But not everyone is legally eligible to take this step.
In 2025, the eligibility rules remain governed by Missouri Revised Statutes Section 537.080, which clearly outlines who may initiate a wrongful death action. Understanding these rules is crucial for anyone considering a claim, and this article breaks them down in detail to help provide clarity during a difficult and confusing time.
Before diving into who can file, it’s important to understand what a wrongful death lawsuit is. This type of civil claim arises when a person dies due to the negligent, reckless, or intentional actions of another person or entity. Common causes include car accidents, medical malpractice, defective products, or unsafe conditions on someone else's property.
The purpose of the lawsuit is to recover financial damages for the surviving family members, compensate for their losses, and hold the responsible party accountable for their actions. This is entirely separate from any criminal charges the offender may face. In other words, someone may be held liable in a wrongful death case even if they are not criminally prosecuted or convicted.
Missouri law uses a “class” system to establish who has legal standing to bring a wrongful death claim. There are three key groups that determine who may file, with priority given to those in the closest relationship to the deceased.
The first group of people authorized to file a wrongful death claim in Missouri includes the decedent’s closest family members. This “Class 1” group includes:
If any of these individuals exist, they have the exclusive right to file the lawsuit. In many cases, multiple Class 1 members will join together in a single action. For instance, a surviving spouse and two adult children might jointly file a claim to ensure their collective interests are represented in court. If only one individual from this group chooses to file, they do so on behalf of all eligible family members in that class, meaning others may still share in any awarded compensation.
If there are no surviving individuals in Class 1, then the right to file passes to Class 2. This includes:
Class 2 members have a secondary right to pursue a wrongful death claim, but only when no Class 1 individuals exist. For example, if someone dies without a spouse, children, or living parents, a surviving sister or brother may step forward and file the claim. Like Class 1, this group may file individually or as a group and share any damages awarded.
In the rare situation where no family members in either Class 1 or Class 2 are available or willing to file, the court may appoint a plaintiff ad litem. This is someone who files the lawsuit on behalf of anyone legally entitled to receive damages under Missouri law.
The plaintiff ad litem is typically appointed at the request of a person who has an interest in the estate or is otherwise closely connected to the decedent. This system ensures that the responsible party can still be held liable, even when the deceased has no immediate family to represent them.
Missouri courts recognize that wrongful death lawsuits often involve more than one grieving family member. To prevent competing claims, the law allows for all eligible parties within the same class to be joined in one lawsuit. If multiple parties file separately, the court will usually consolidate the cases into a single action. This approach is designed to streamline proceedings and ensure that the court hears all relevant facts together.
Additionally, when one person files on behalf of others in the same class, they must notify those individuals of the pending action. This gives all eligible parties the chance to join or participate in the lawsuit if they wish.
Wrongful death claims in Missouri are subject to a statute of limitations, which is a deadline for filing the lawsuit. In most cases, the deadline is three years from the date of the decedent’s death. If you fail to take legal action within that period, the court will likely dismiss your case, regardless of how strong your evidence may be.
There are very few exceptions to this rule, so it’s crucial to act promptly. Consulting with our wrongful death attorneys as soon as possible can help preserve your family’s legal rights and ensure your case is filed correctly and on time.
Filing a wrongful death claim is more than just a legal process—it’s a step toward closure, accountability, and financial relief for those left behind. Whether you’re a surviving spouse, an adult child, or a sibling trying to understand your rights, it’s essential to work with an attorney who can explain the law and represent your interests effectively.
Damages in a wrongful death case may include medical expenses, funeral and burial costs, lost income the deceased would have earned, loss of companionship, and emotional suffering. These are deeply personal losses, and every case is different. The legal system allows families to pursue justice in a meaningful way, but it takes careful preparation and a clear understanding of the law.
Our firm has helped numerous families through this process with compassion, clarity, and commitment. If you’re unsure whether you have the right to file or what your next step should be, we’re here to provide the answers you need.
Contact us today to speak with an experienced wrongful death attorney who can help you take the next step toward justice and financial recovery.
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