Missouri Wrongful Death Lawyer

Missouri law (§ 537.080, RSMo) permits a wrongful-death action to be brought by the decedent's surviving spouse or children, the surviving descendants of any deceased children, or the decedent's natural or adoptive parents — that's the first statutory class. If no person in that class is entitled to sue, the action may be brought by the decedent's siblings or their descendants who can establish a compensable loss. If no one in either class is entitled to sue, the court may appoint a plaintiff ad litem. We can help identify where your family falls in this order.

Missouri's statute of limitations for wrongful death (§ 537.100, RSMo) is generally three years from the date of death, which is shorter than the deadline for many other personal injury claims. It's important to talk to a lawyer promptly rather than assuming you have more time.

Missouri law (§ 537.090, RSMo) allows recovery for economic losses like funeral expenses, medical bills, and lost financial support, as well as noneconomic losses like loss of companionship and guidance. The specific amount depends on the facts of your case.

No. A criminal case and a civil wrongful death claim are separate. A wrongful death claim can move forward regardless of whether criminal charges are filed, and a criminal conviction is not required to win a civil case.

Because Missouri creates a single, indivisible wrongful-death claim and permits only one action against a defendant for a single death, the interests of all persons entitled to share in the recovery must be identified and addressed, even when one eligible claimant initiates the action. Missouri law (§ 537.095, RSMo) also governs how any settlement is approved and how proceeds are apportioned among those entitled to share in it. We can walk you through how this works for your family's specific situation.

There is no attorney fee unless we obtain a recovery for your family. Responsibility for case expenses is explained in the written fee agreement. The initial conversation is free and confidential.