Missouri law under RSMo 537.080 establishes a priority order. The surviving spouse and children have the first right to bring a claim. If there is no surviving spouse or children, then the deceased's parents and siblings can file. If none of those relatives survive, the court can appoint a plaintiff ad litem to bring the claim. Only one claim can be filed on behalf of all eligible family members, so multiple relatives typically proceed together rather than separately. The claim belongs to the family collectively, not to any individual.

Three years from the date of death under RSMo 537.100. This is shorter than the five-year limit for personal injury claims. It is also strictly enforced with almost no exceptions. We understand that families dealing with sudden loss are not thinking about legal deadlines. But the investigation that produces the best outcome — preserving accident scene evidence, securing witness statements, obtaining complete medical records, retaining experts — needs to begin while that evidence still exists. Even in the first weeks after a loss, a brief conversation with an attorney costs nothing and protects important rights.

The financial support the deceased would have provided over their expected working lifetime, including wages, salary, benefits, and projected career advancement. The medical and emergency costs from the injury through death. Funeral and burial expenses. The practical contributions the deceased made to the household, including childcare, home maintenance, and similar services. Loss of companionship, guidance, and care experienced by the surviving spouse and children. Missouri also allows recovery for the grief and mental anguish of surviving family members. In cases of extreme negligence or intentional misconduct, punitive damages can be awarded on top of all of these.

Not without an attorney present. When an insurance company contacts a grieving family quickly after a fatal accident, it is not out of compassion. It is to establish facts favourably to the insurer before the family has legal representation, and to set expectations about settlement value at the lowest possible level. Anything said in those early conversations can be used in the claim process. Tell them the family will be represented by counsel and that all further communications should go through the attorney.

It is not too soon, and in the practical sense it matters that you call soon. We do not rush families through a legal process. The first conversation is about understanding what happened, what your rights are, and what evidence needs to be preserved — not about signing anything or making decisions under pressure. Evidence from a fatal accident disappears on the same timeline whether or not the family is ready to think about a lawsuit. Preserving your options costs nothing and changes nothing about how you grieve.

Yes. Medical malpractice that results in death is one of the most common bases for wrongful death claims in Missouri. These cases combine the procedural requirements of medical malpractice — the two-year statute of limitations under RSMo 516.105 and the expert affidavit requirement — with wrongful death damages. The shorter malpractice deadline applies when the death resulted from medical negligence, not the three-year wrongful death limit. If you believe a medical error contributed to your family member's death, contact us immediately given the shorter timeline.