Navigating Wrongful Death Claims in Missouri: A Comprehensive Guide for Plaintiffs

Losing a loved one is an unimaginable tragedy, made even more difficult when it results from someone else's negligence or malpractice. In Missouri, the legal system provides a means for surviving family members to seek justice through a wrongful death claim.Who Can Bring a Wrongful Death Claim in Missouri?

1. Spouse: The surviving spouse is typically the first in line to bring a wrongful death claim in Missouri. This includes both legal spouses and common-law spouses who meet the state's criteria.

2. Children: If there is no surviving spouse or if the spouse does not file within 90 days, the deceased's children may initiate a wrongful death claim. This includes both biological and adopted children.

3. Parents: In the absence of a surviving spouse and children, the deceased's parents may file a wrongful death claim. This provision is especially relevant when the deceased is a minor.

4. Siblings and Other Dependents: In certain cases, if the deceased has no surviving spouse, children, or parents, siblings or other dependents may be eligible to file a wrongful death claim. However, the criteria for eligibility can be complex, and consulting with a qualified attorney is essential.

Time Limits and Damages:

1. Statute of Limitations: It's crucial to be aware of Missouri's statute of limitations for wrongful death claims. A claim must be filed within three years from the date of the deceased's death. Failing to meet this deadline will result in the loss of the right to pursue legal action.

2. Recoverable Damages: Surviving family members may be eligible to recover various damages, including medical expenses, funeral and burial costs, lost income, and non-economic damages such as pain and suffering. An experienced attorney can help assess the specific circumstances and determine the potential damages available.


Navigating the legal landscape of wrongful death claims in Missouri can be challenging, especially in the midst of grieving. As a plaintiff's medical malpractice attorney, understanding who may bring a wrongful death claim and the associated legal nuances is paramount. Empowering grieving families to seek justice is not only a legal duty but a compassionate endeavor to provide closure and accountability in the face of tragedy. If you believe you have a wrongful death case, please contact Law Offices of Todd N. Hendrickson. W