Wrongful death is a legal liability claim or cause of action that may be made in a civil lawsuit (noncriminal case) for money damages against a person or entity whose negligence or intentional act wrongfully caused the death of the deceased person (the decedent).
Wrongful death claims may allow a deceased tort victim’s estate, surviving parents, children, and spouse to recover damages for their losses from the victim’s death.
Laws regarding wrongful death claims vary from state to state. In many states the legislature has enacted statutes (laws) governing any recovery for wrongful death. And in some states the law regarding recovery for wrongful death may be located in the state’s court opinions (also known as case law, common law, or judicial decisions).
In Missouri, wrongful death claims are governed by Missouri Revised Statutes, Sections 537.080 to 537.100. These statutes define who may file a wrongful death claim, the time limits for filing, and the types of damages that may be recovered. The law allows the deceased person's spouse, children, or grandchildren to bring a wrongful death lawsuit. If no such survivors exist, the decedent's parents may file the claim. In the absence of parents, a sibling or a representative of the estate may pursue the case. Missouri law also sets a statute of limitations, which is generally three years from the date of the deceased person's death to file a wrongful death claim. Damages in a wrongful death suit may include funeral expenses, loss of companionship, and the lost future earnings of the deceased. It's important to consult with an attorney to understand the specific application of wrongful death laws in Missouri, as they can be complex and vary depending on the circumstances of the case.