Losing a loved one suddenly due to someone else's negligence is profoundly devastating. A wrongful death lawsuit seeks compensation for the surviving family members who suffered losses because of the death.
The law is particular about who is eligible to file this type of lawsuit, and the rules vary slightly between Missouri and Kansas. Generally, the right to sue is given to the deceased person's immediate family, in a specific order of priority.
If a family member died due to negligence, you have a limited time to seek justice. Understanding who can file and when to file is critical. Contact Shamberg, Johnson & Bergman for a confidential case review by calling (816) 542-5999 or by using our online contact form.
Eligibility to File in Missouri (A Hierarchical System)
Missouri law establishes a strict, three-tiered hierarchy of family members who are allowed to bring a wrongful death action. Only members of the highest available class can file the lawsuit.
Class 1: The Primary Group (First Priority)
This group has the first and exclusive right to file the lawsuit. This is the most common class of claimants:
- The deceased person's surviving spouse.
- The deceased person's surviving children (or their lineal descendants, such as grandchildren).
- The deceased person's surviving parents (or adoptive parents).
If any person in this Class 1 group is alive, they are the only ones permitted to initiate the action.
Class 2: The Secondary Group
If there are absolutely no people surviving in Class 1, the right to file passes to the second group:
- The deceased person's surviving siblings (brothers and sisters).
- The lineal descendants of any deceased siblings (such as nieces and nephews).
Class 3: The Plaintiff Ad Litem
If no individuals from Class 1 or Class 2 are available, the court may appoint a Plaintiff Ad Litem. This is a neutral party or person who has an interest in the case, appointed by the court to file the action on behalf of those who will share in the damages.
Eligibility to File in Kansas (Heirs at Law)
Kansas law uses a slightly different standard, allowing the lawsuit to be brought for the benefit of all the deceased person's "heirs at law." The lawsuit is typically commenced by any one of the heirs who has suffered a loss.
- The deceased person's surviving spouse.
- The deceased person's surviving children.
- The deceased person's surviving parents.
- Any next of kin who were financially dependent on the deceased.
Suppose the deceased person leaves none of the relatives listed above. In that case, the person's personal representative (the executor named in a will or appointed by the court) can file the suit on behalf of more distant relatives or the estate.
It is important to note that while just one eligible heir may file the suit, any person who is considered an heir and suffered a loss may still benefit from the compensation recovered.
The Importance of the Statute of Limitations
In addition to eligibility, every state sets a strict deadline for filing a wrongful death lawsuit, known as the Statute of Limitations. Missing this deadline means you lose your right to pursue compensation, regardless of how strong your case is.
- Missouri Deadline: You generally have three years from the date of the person's death to file a wrongful death lawsuit.
- Kansas Deadline: You generally have two years from the date of the person's death to file a wrongful death lawsuit.
Because of the complexity of these laws—especially in catastrophic cases involving severe spinal cord injuries or brain injuries that preceded the death—you should consult with a lawyer immediately. Waiting until the deadline approaches leaves little time to properly investigate the cause of death or gather the necessary complex evidence.
Seek Formal Guidance from a Personal Injury Lawyer
A wrongful death claim is about more than financial loss; it is about holding the negligent parties accountable for taking a life. These cases are complex, requiring a formal, detailed approach to proving negligence (such as a distracted truck driver or a violation of safety standards).
Suppose you are a surviving family member and believe your loved one's death was caused by negligence. In that case, you need the professional guidance of a personal injury lawyer in Kansas City, MO. The team at Shamberg, Johnson & Bergman can help you determine your eligibility to file the claim and ensure that all legal deadlines are met.
To learn more about how we professionally handle complex legal matters, visit our page on our work in personal injury cases. Contact us today at (816) 542-5999 or complete our online contact form to schedule a confidential case evaluation.