Who Can File a Wrongful Death Lawsuit in Missouri?

October 24, 2024

Who Can File a Wrongful Death Lawsuit in Missouri?

Losing a loved one due to someone else's negligence is devastating, and Missouri law allows certain family members to seek justice through a wrongful death lawsuit. Understanding who has the right to file is essential for those seeking compensation. At The Law Offices of Lance Loewenstein, P.C., we assist the Kansas City public with personal injury matters, including wrongful death claims.


Who Can File a Wrongful Death Lawsuit in Missouri?


Missouri law clearly defines who is eligible to file a wrongful death lawsuit. The individuals permitted to file, in order of priority, are:


  1. Immediate Family Members
  • Spouse: The surviving spouse of the deceased.
  • Children or grandchildren: If the deceased has children, they are first in line to file. If the children have passed away, grandchildren may file.
  • Parents: The parents of the deceased can file if there is no surviving spouse, child, or grandchild.
  1. Siblings
  • If none of the above parties are available, the deceased’s siblings can file a wrongful death lawsuit.
  1. Personal Representative or Administrator of the Estate
  • If no immediate family members or siblings are available, the personal representative of the deceased’s estate can file the lawsuit.
  1. Court-Appointed Plaintiff
  • In rare cases, the court may appoint someone to file the lawsuit on behalf of the deceased’s estate if no one else is eligible.


What Damages Can Be Recovered?


Those filing a wrongful death lawsuit in Missouri can seek compensation for:

  • Funeral and burial expenses
  • Medical bills related to the deceased’s final injury or illness
  • Loss of companionship or support
  • Loss of income or benefits the deceased would have provided


How The Law Offices of Lance Loewenstein, P.C. Can Help


Navigating a wrongful death lawsuit is complex, and it is essential to have an experienced attorney on your side to guide you through the process. At The Law Offices of Lance Loewenstein, P.C., we are dedicated to helping families in Kansas City seek justice and compensation after the wrongful death of a loved one.


If you believe you are eligible to file a wrongful death claim, contact us today for a consultation to discuss your case.

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