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Missouri wrongful death statute

How do you measure the loss of a life?

In the Tony Award winning musical RENT, the cast put the question back to us in the song, “Seasons of Love.”

Who May Sue in a Wrongful Death Case?

The law of Missouri’s Wrongful Death Statute is contained in Missouri Statute §537.080 (2005).

The survivors are designated by class:

  • Class I includes the spouse, children, father, or mother of the deceased.
  • Class II are brothers, sisters, or other close relatives. Note: you only get to Class II representatives if there are no Class I representatives.

Wrongful death does not need to be on purpose— it can be accidental, but we still must prove negligence. Negligence is defined as the Defendant “failing to use ordinary care” or, when motor vehicles are involved, the defendant failing to use the “highest degree of care” when driving.

Types of Wrongful Death Cases

The types of wrongful death cases include, but are not limited to:

  • Medical malpractice or negligence of the doctor, hospital, and nurses
  • Nursing home neglect
  • Medication errors
  • Failure to diagnose
  • Suicide
  • Cases involving motor vehicle and truck accidents
  • Product liability deaths
  • Deaths caused by conveyors, elevators, platform lifts, farming equipment, and more.

Contact Us for a Wrongful Death Claim in Missouri

The law provides three years from the death to file a lawsuit, but there’s no time to delay! If you have lost a loved one through someone’s negligence or wrongdoing, get in touch with the attorneys at Wolfgram Law as soon as possible. We will help you hold responsible parties accountable in a wrongful death action in St. Lo! Contact us if you have any questions.