Who Can File a Wrongful Death Lawsuit in St. Louis, MO?

Losing a loved one is devastating, and when that loss is due to another’s negligence, the pain can feel even more overwhelming. A wrongful death lawsuit can provide justice and financial support, covering expenses like medical bills, funeral costs, and lost income to ease some of the burden you’re facing. 

At Thompson Law, I am here to provide the compassionate, experienced guidance you need to protect your family’s future. Learn who is eligible to file a wrongful death lawsuit in St. Louis, along with key information on the statute of limitations and the types of compensation available. 

Can I File a Wrongful Death Lawsuit in St. Louis, Missouri? 

In St. Louis, Missouri, only specific family members are allowed to file a wrongful death lawsuit. Here’s a closer look at the individuals who have the right to pursue a claim:

• Spouse: The spouse of the deceased is the first in line to file a wrongful death lawsuit. As the person closest to the deceased, the spouse can seek compensation for both economic and non-economic damages, such as loss of companionship, emotional distress, and future financial support.
• Children: If the deceased was unmarried, their children hold the right to file. Children can claim compensation for loss of parental support, guidance, and financial stability. Both minor and adult children are eligible to file, although minor children may require a guardian to represent them in court.
• Parents: If the deceased has no spouse or children, the parents are eligible to file a wrongful death claim. This applies whether the deceased was a minor or an adult, and parents can seek compensation for both economic losses (e.g., funeral expenses) and emotional suffering.
• Siblings: If the deceased has no spouse, children, or surviving parents, siblings may file the lawsuit. This includes both biological and adopted siblings. Siblings can seek damages related to the loss of a familial relationship, as well as any specific financial contributions the deceased may have made to their lives.
• Plaintiff Ad Litem: In cases where the deceased has no eligible family members, the court may appoint a “plaintiff ad litem” to pursue the wrongful death claim. This individual, often a close friend or a more distant relative, acts on behalf of the deceased’s estate and any potential beneficiaries.

Each of these parties has the legal standing to file a wrongful death lawsuit in Missouri, but the order of eligibility is essential. Consulting with an attorney can help you determine who in the family has the right to file and how best to proceed.

Filing Deadline: Statute of Limitations

In Missouri, there is a time limit for filing a wrongful death lawsuit, known as the “statute of limitations.” Typically, you have three years from the date of death to file. Missing this deadline can result in losing the right to pursue compensation, so it’s essential to act promptly and consult with an attorney to ensure your claim meets all necessary requirements.

What Compensation is Available for a Wrongful Death Lawsuit?

Damages in a wrongful death lawsuit can cover a range of losses, including medical bills, funeral expenses, lost wages, and emotional suffering. Missouri also allows for compensation for “loss of consortium,” which refers to the loss of companionship and support suffered by surviving family members.

Why Choose Thompson Law for Your St. Louis Wrongful Death Lawsuit? 

Navigating a wrongful death lawsuit can be challenging, especially during an emotionally trying time. I, Tyler Thompson, provide compassionate and experienced legal guidance to help you understand your rights and seek justice. 

If you believe you have a wrongful death claim, contact Thompson Law for a free consultation and let us help you through this difficult process.