Disclaimer: This article is for informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney in your jurisdiction.
Losing a loved one unexpectedly is one of the most traumatic experiences a family can endure. When someone else’s negligence causes the loss, the grief is compounded by a deep sense of injustice.
In Missouri, wrongful death cases are not just about compensation—they are about accountability. In cities like St. Louis, these claims often arise from car accidents, medical malpractice, workplace incidents, and even violent crimes. The legal process aims to provide surviving family members with a sense of closure and financial stability.
Because of the emotional and legal complexity involved, it’s essential to understand how wrongful death litigation in St. Louis works, especially when multiple family members are seeking justice. Can each person file a separate claim, or must they unite in a single case?
Let’s explore how Missouri law handles these sensitive situations and what rights families have when tragedy strikes.
Understanding Missouri’s Wrongful Death Statute
Missouri law governs wrongful death claims under RSMo § 537.080. This statute outlines who has the legal right to bring a claim and how such cases must be proceeded with. The law is specific about the order of priority for family members who are allowed to file.
Generally, the first tier of eligible individuals includes:
- The deceased person’s spouse
- Children or their descendants
- The parents of the deceased
If none of these parties exist or are willing to act, the law allows for more distant relatives, such as siblings or a court-appointed plaintiff ad litem, to pursue the case. This legal structure helps prevent multiple competing lawsuits.
Can Separate Claims Be Filed?
The short answer is, no, not typically. Missouri courts do not allow multiple wrongful death claims for the same decedent. Instead, all eligible family members must be included in a single consolidated lawsuit.
This is crucial because the court seeks to avoid inconsistent verdicts or duplicative awards. It also ensures that any damages awarded are equitably distributed among the surviving beneficiaries. If more than one eligible person attempts to file separately, the court will typically merge the cases or require one to be dismissed.
Who Represents the Family?
Once a wrongful death lawsuit is initiated, one person usually acts as the representative of the entire family group. This person does not receive special compensation privileges but serves as the primary point of contact for the legal process.
The court may also appoint a plaintiff ad litem—a neutral third party—if the eligible family members cannot agree on who should file. This is especially common when there are complex family dynamics or disputes over potential settlements.
How Damages Are Awarded and Divided
| Category | Description |
|---|---|
| Medical Expenses | Costs related to the final injury or illness prior to death |
| Funeral & Burial Costs | Reasonable costs for the deceased’s funeral, cremation, or burial |
| Lost Income & Benefits | Income or benefits the deceased would have earned or provided to dependents |
| Loss of Companionship | Emotional loss of guidance, love, care, and consortium |
| Pain & Suffering | Physical and emotional suffering experienced by the deceased before passing |
Damages in a wrongful death case can include:
- Medical expenses related to the final injury
- Funeral and burial costs
- Loss of income or benefits
- Loss of companionship, guidance, and support
- Pain and suffering experienced by the deceased before death
Once the court determines the total compensation, it is responsible for distributing the funds among the claimants. This can be done:
- By agreement among the family members
- Through mediation
- Or, if necessary, by a judge after a formal hearing
Missouri law ensures that the distribution is “fair and just,” considering each person’s relationship to the deceased and level of dependence.
Common Complications in Family Claims
While the law seeks to simplify the process, complications can arise:
- Estranged or divorced parents may still be eligible to file, which can lead to tension.
- Children from different marriages may disagree on how to proceed.
- Some relatives may be unaware that a wrongful death claim is even underway.
In such situations, legal representation is crucial for navigating disputes and ensuring the rights of all family members are protected. Judges are particularly cautious in these cases and may require additional hearings or documentation to finalize settlements.
Key Takeaways for Families Considering a Claim
- Only one wrongful death claim can be filed per decedent in Missouri.
- Eligible family members must be included in a single case.
- The court has the power to appoint a representative or plaintiff ad litem if needed.
- Damages are shared and distributed based on relationships and dependency.
Wrongful death cases are never easy, but understanding how the legal process works can help families avoid additional stress during an already painful time. Missouri’s statute is designed to streamline the path to justice while respecting the unique dynamics of grieving families.
