Who may bring a wrongful death claim in Missouri?

Missouri Section 537.080 establishes priority classes. A spouse, children, descendants of deceased children, or parents generally have first priority. If no person in that class may bring the action, a sibling or a sibling’s descendants may do so. If neither class may sue, the court may appoint a plaintiff ad litem.

How long do families have to file a Missouri wrongful death action?

Section 537.100 generally requires a wrongful death action to be filed within three years after the cause of action accrues. Specific facts can affect the calculation, so a family should not delay a case specific review.

What damages may be considered?

Section 537.090 identifies funeral expenses, expenses for care related to the fatal injury, lost support and services, and the reasonable value of companionship, comfort, guidance, counsel, training, and support. It also addresses the deceased person’s suffering between injury and death and other circumstances permitted by the statute.

Does the court review a wrongful death settlement?

Section 537.095 provides a court supervised process. The court reviews the settlement, considers the losses of eligible claimants, apportions the recovery, and addresses approved attorney fees and expenses.

Is a wrongful death recovery divided equally?

Not necessarily. Under Section 537.095, the court apportions the recovery among eligible claimants after considering the losses each claimant sustained.

St. Louis Wrongful Death Lawyer

After a preventable death, families often need clear information before they can make legal decisions. Missouri law controls who may bring a claim, what losses may be considered, when an action must be filed, and how a settlement is reviewed.

What Is a Missouri Wrongful Death Claim?

A wrongful death action may arise when a death results from conduct that would have allowed the person to recover damages if death had not occurred. The claim belongs to the people identified by Missouri statute. It is distinct from a survival claim, which may preserve certain claims the deceased person held before death.

Who May File Under Section 537.080?

Missouri Revised Statutes Section 537.080 creates priority classes. The first class generally includes the surviving spouse, children, descendants of deceased children, and the deceased person’s natural or adoptive parents.

If no person in the first class may bring the action, a surviving sibling or a descendant of a deceased sibling may do so. If no eligible person in either class may sue, the court may appoint a plaintiff ad litem at the request of a person entitled to share in the proceeds. Because priority affects who may act, families should identify all potential claimants early.

What Damages Does Section 537.090 Address?

Section 537.090 permits the fact finder to consider funeral expenses, expenses for care connected to the fatal injury, and the value of wages, services, consortium, companionship, comfort, instruction, guidance, counsel, training, and support that were lost.

The statute also addresses the deceased person’s pain and suffering between injury and death, as well as aggravating or mitigating circumstances surrounding the death. It does not permit damages for grief and bereavement. The value of a claim depends on admissible evidence concerning the person, the family relationships, financial support, household contributions, and the circumstances of the death.

How Does Section 537.095 Govern a Settlement?

Section 537.095 provides a court supervised process for resolving a wrongful death claim. One or more eligible claimants may ask the circuit court to approve a compromise or settlement. The claimant must show diligent efforts to notify every person known to have a wrongful death claim.

The court conducts a hearing, considers the losses sustained by each eligible beneficiary, and apportions the recovery among those entitled to share in it. The court also addresses attorney fees and expenses before directing distribution. A settlement is not automatically divided into equal shares.

What Is the Deadline Under Section 537.100?

Section 537.100 generally requires a wrongful death action to be filed within three years after the cause of action accrues. The statute contains limited provisions involving a defendant who absconds or conceals, and it addresses certain actions filed after a nonsuit.

These provisions are fact dependent. An insurance claim or settlement discussion should not be assumed to extend the filing period. Prompt review also helps preserve records, electronic data, physical evidence, and witness information.

What Evidence May Be Important?

Relevant evidence may include incident reports, photographs, video, witness accounts, medical and autopsy records, vehicle or product data, company records, expert analysis, employment and benefit records, tax documents, and evidence of household services and family relationships. The appropriate evidence depends on how the death occurred and which losses the family can support.

Speak With a St. Louis Wrongful Death Lawyer

General information cannot determine eligibility, deadlines, responsibility, or damages in a particular matter. Avery Injury Law offers free consultations to help families understand the Missouri process and decide what steps are appropriate. There is no obligation to proceed.