Losing a loved one is tragic. However, if a loved one’s death results from another person or entity’s wrongdoing, the tragedy can be even more devastating. Fortunately, Missouri laws allow you to pursue the liable party for the resulting economic and non-economic damages following a loved one’s wrongful death.
A loved one’s wrongful death can be devastating. However, this does not mean that anyone can file a claim. Like the other states, there are specific laws that govern who can file a claim as well as when they can do so in Missouri.
When is death deemed wrongful?
Under Missouri law, death is considered wrongful when it is occasioned by another person or entity’s illegal, wrongful or negligent actions. In other words, if the decedent were to survive their injuries, they would have filed a personal injury claim against the defendant. Examples of incidents that lead to wrongful death include fatal car crashes, slip-and-fall incidents, medical malpractice and brutal animal attacks.
Filing for wrongful death claim in Missouri
Missouri laws allow the following people to bring a lawful death claim against the defendant:
- The decedent’s spouse or children or the surviving lineal decedents
- The decedent’s parents or siblings
- The decedent’s estate representative
So how much time do you have to sue for wrongful death in Missouri?
Like in the other states, there is a time limit within which you can bring a wrongful death claim in Missouri. This is known as the statute of limitations period. In Missouri, the statute of limitations for wrongful death is five years from the date of the decedent’s death. It is critically important that you file your claim within this time period because if you do not, the statute of limitations might bar you from recovering any damages.
Pursuing justice on behalf of your loved one
When another person causes a loved one preventable death, you may hold them liable for the resulting damages.