Who Can File a Wrongful Death Claim in Missouri?

Losing a family member to another person’s negligence is devastating enough without also having to navigate who has the legal right to hold that person accountable. Missouri law is specific about this, not everyone who loved the person who died has automatic standing to file a claim, and getting the order wrong can delay or complicate a case that’s already painful enough.

Here is exactly who can bring a wrongful death claim in Missouri, in the order state law establishes.

Who Can File a Wrongful Death Claim in Missouri?

Missouri law, under RSMo § 537.080, establishes a strict three-tier priority order for who may bring a wrongful death claim, and only one tier can act at a time. The spouse, children, or surviving lineal descendants of a deceased child, along with the deceased’s parents, hold the first right to file. Only if no one in that group is available does the right pass to siblings, and only after that does it pass to a court-appointed plaintiff ad litem.

This structure exists to prevent competing lawsuits and to ensure the family members with the most direct loss are the ones controlling the case. Understanding where your family falls in this order early on avoids delays and confusion during an already difficult time.

The Three Tiers, in Order

Tier 1: Spouse, Children, and Parents

The surviving spouse, children (including adopted and, under the statute, illegitimate children), the lineal descendants of any deceased child, or the parents of the deceased have the first right to bring the claim. Any person within this group may file, and Missouri law does not require every eligible person in this tier to join the lawsuit, one person in this class can pursue the claim on behalf of the group.

Tier 2: Siblings

If no one in Tier 1 is available to bring the claim, the right passes to the deceased’s brothers, sisters, or their descendants, but only if they can establish their right to damages under RSMo § 537.090, the statute governing how wrongful death proceeds are distributed. This tier comes into play more often than families expect, particularly when the deceased had no spouse, children, or surviving parents.

Tier 3: Plaintiff Ad Litem

If no one in either Tier 1 or Tier 2 is available, the court appoints a plaintiff ad litem, a suitable person, requested by someone entitled to share in the proceeds, who is competent to prosecute the action on behalf of everyone who would otherwise share in the recovery.

What If Family Members Disagree About Filing?

Because only one action can be brought, disagreement among eligible Tier 1 family members about whether or how to pursue a claim needs to be worked out directly, often with an attorney’s help, rather than through multiple lawsuits. This is one of the more emotionally difficult aspects of wrongful death cases, particularly in blended families or where relationships were already strained before the death.

An attorney experienced in these cases can help mediate that conversation and ensure the claim reflects the interests of everyone who has a legal stake in the outcome, not just whoever files first. This guidance often matters most in families where relationships are complicated even before a tragedy occurs.

How Long Do You Have to File a Wrongful Death Claim in Missouri?

Missouri generally requires a wrongful death lawsuit to be filed within three years of the date the cause of action accrues, under RSMo § 537.100. This deadline is strict, and missing it typically bars the claim entirely regardless of how strong the underlying case is, there is far less flexibility here than with Missouri’s general five-year deadline for other personal injury claims.

Does Comparative Fault Apply to a Wrongful Death Claim?

Yes, if the deceased was partially at fault for the accident that caused their death, Missouri’s pure comparative fault doctrine still applies, reducing recoverable damages proportionally rather than barring the claim. This follows the same framework established in Gustafson v. Benda, 661 S.W.2d 11 (Mo. banc 1983), which governs comparative fault in negligence cases generally, including those resulting in death.

This matters in situations like a motorcycle or car accident where the deceased may have contributed in some way to the crash. Even in that scenario, surviving family members are not automatically barred from recovery, the case still proceeds, with any fault attributed to the deceased factored into the final damages calculation rather than eliminating the family’s claim entirely.

What Damages Can Be Recovered in a Missouri Wrongful Death Claim?

Missouri wrongful death claims can recover the financial support the deceased would have provided, funeral and burial expenses, the loss of the deceased’s care, companionship, and guidance, and in some cases, punitive damages if the conduct causing death was particularly reckless. Because these damages are distributed among the eligible family members under RSMo § 537.090, how they’re allocated is often a significant part of the case itself.

What Does It Mean to “Establish a Right to Damages” as a Sibling?

Under RSMo § 537.090, damages in a Missouri wrongful death case are distributed based on the actual loss each eligible person suffered, not divided automatically in equal shares. For a sibling attempting to bring a claim in Tier 2, this means demonstrating a genuine dependency or loss connected to the deceased, such as financial support they provided or a close caregiving relationship, rather than simply being next in line by family relation.

This requirement exists because Missouri’s wrongful death statute is built around compensating actual loss, not distributing an inheritance. It’s one of the more nuanced parts of these cases, and it’s exactly the kind of factual question where documentation, bank records, correspondence, evidence of the relationship, makes a meaningful difference in whether a sibling’s claim succeeds.

Working With a Missouri Wrongful Death Attorney

Wrongful death cases combine an already painful loss with a legal process that has strict rules about who can act and how quickly. An attorney at Mid-America Injury Law can identify who has the legal right to file in your family’s specific situation, manage the case on behalf of everyone entitled to share in the outcome, and handle the legal process so your family isn’t navigating it alone.

The full text of Missouri’s wrongful death statute is available directly through the Missouri Revisor of Statutes.

Frequently Asked Questions: Who Can File a Wrongful Death Claim in Missouri

1. Who has the first right to file a wrongful death claim in Missouri?

The surviving spouse, children, lineal descendants of a deceased child, or the parents of the deceased, under RSMo § 537.080.

2. Can siblings file a wrongful death claim in Missouri?

Only if no one in the first tier, spouse, children, or parents, is available to bring the claim, and only if they can establish their right to damages under RSMo § 537.090.

3. Can more than one wrongful death lawsuit be filed for the same death?

No. Missouri law allows only one action to be brought against any one defendant for a single death.

4. What happens if eligible family members disagree about filing a claim?

Because only one lawsuit can be filed, the disagreement typically needs to be resolved among the family, often with an attorney’s guidance, rather than through separate lawsuits.

5. How long do I have to file a wrongful death claim in Missouri?

Generally three years from the date of death, a shorter deadline than Missouri’s general five-year limit for other personal injury claims.

6. What is a plaintiff ad litem in a Missouri wrongful death case?

A court-appointed person who brings the claim when no one in the first or second tier of eligible family members is available to do so.

7. If the deceased was partly at fault for the accident, can the family still recover damages?

Yes. Missouri’s comparative fault doctrine reduces damages proportionally rather than barring the claim entirely, even if the deceased contributed to the accident.

8. What damages can be recovered in a Missouri wrongful death claim?

Lost financial support, funeral and burial expenses, loss of companionship and guidance, and in some cases punitive damages, distributed under RSMo § 537.090.

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