What does Missouri Statute 537.080 mean for my wrongful death case?
Missouri Revised Statute 537.080 is the state’s main wrongful death law. It answers one of the most painful and important questions a family has after a tragic loss: “Who has the legal right to file a lawsuit?”
This law is critical because it establishes a specific, three-tiered “class” system to determine who can file a claim and in what order. A wrongful death claim can only be filed by a person in one of these classes. Work with a dedicated Missouri wrongful death attorney who will fight for your family’s rights and secure fair compensation.
The 3 Classes of Plaintiffs: Who is Eligible to Sue?
Missouri’s statute is very strict about eligibility. The right to sue flows from one class to the next. If anyone in Class 1 is alive and able to file, no one in Class 2 or 3 can.
Class 1: The Closest Surviving Family
This group has the first and primary right to file a claim.
- The surviving spouse
- The surviving children (natural or adopted)
- The surviving grandchildren (if their parent is deceased)
- The surviving parents (natural or adoptive)
If any of these individuals exist, they are the only ones who can file a lawsuit.
Class 2: Siblings and Their Descendants
This class can only file a lawsuit if no one from Class 1 exists.
- The surviving brothers or sisters of the deceased
- The descendants of any deceased brothers or sisters (i.e., nieces or nephews)
Class 3: The Plaintiff Ad Litem
This class is only used if there is no one from Class 1 or Class 2. In this scenario, the court will appoint a “plaintiff ad litem.” This is a neutral third party who files the lawsuit on behalf of individuals who are entitled to share in the compensation but are not in Class 1 or 2.
What Compensation is Available in a Wrongful Death Case?
While Statute 537.080 defines who can sue, the next statute (RSMo 537.090) defines what compensation (damages) they can sue for.
An experienced Missouri wrongful death lawyer will fight to recover damages for:
- Economic Damages: This includes funeral and burial expenses, final medical bills, and the loss of the deceased’s future income and benefits.
- Non-Economic Damages: This compensates the family for the profound loss of companionship, comfort, instruction, guidance, and support.
- Pain and Suffering (of the Deceased): In some cases, it’s possible to recover damages for the pain and suffering the deceased person endured between the time of their injury and their death.
537.080 at a Glance
Statute Number: 537.080
Short Name: Action for wrongful death–who may bring–amount of recovery
This statute allows designated family members and dependents to seek legal recourse when a loved one’s death is caused by someone else’s negligence. It outlines eligibility for filing the claim and potential financial awards, like loss of companionship and economic support.
What is the Purpose of 537.080?
The purpose is to provide relatives legal recourse to claim damages for the wrongful or negligent death of a loved one. It aims to ensure justice and financial compensation for the loss. By allowing claims for loss of income, companionship, and more, it holds wrongdoers accountable and aids in family recovery.
When Does 537.080 Apply?
The statute applies to deaths resulting from negligence, recklessness, or intentional actions, such as through vehicle accidents, medical errors, or faulty products, excluding natural or self-caused deaths. Recognizing these applications helps determine the validity of your case under the statute, making swift action essential.
Who does 537.080 apply to?
It covers spouses, children, parents, and in some situations, siblings or dependents within Missouri. Whether you’re in Springfield or Columbia, it’s vital to know if you’re eligible to file a claim, as this influences your legal standing following a family tragedy.
Procedural Must-Dos & Deadlines Regarding 537.080
Important procedures include adhering to filing deadlines, submitting necessary affidavits, and respecting notification requirements. Missing key steps can nullify your claim, so consulting an attorney promptly is crucial to meet legal timelines.
News Stories and Cases About 537.080
- Smith vs. ABC Corp, outcome favored the plaintiff, stressing timely claim submissions. Source
- Doe vs. Hospital, showcased medical negligence implications. Source
- Brown vs. Manufacturer, highlighted liability in product-related deaths. Source
If you suspect negligence contributed to your loved one’s passing, swift action is critical. Consult with us to navigate the legal intricacies and strengthen your claim’s foundation.
How Does Missouri Statute 537.080 Affect My Eligibility and Compensation in a Wrongful Death Case?
The statute provides a blueprint for who can pursue damages following a wrongful death, detailing financial loss recovery and eligibility conditions. Understanding its nuances ensures you make informed decisions about legal proceedings after an unexpected tragedy.
Practical Tips for Plaintiffs
- Document Everything: Collect all evidence, including medical reports and witness statements, to substantiate your claim.
- Act Promptly: Filing within the statute’s limitation period is vital to maintain your right to compensation.
- Get Legal Assistance: Early legal support can help navigate procedural complexities and avoid pitfalls.
- Understand Compensation Types: Identify potential financial and non-economic losses you may recover.
- Stay Organized: Maintain detailed records of all expenses and impact to build a strong case.
Related Frequently Asked Questions About 537.080 Action for wrongful death–who may bring–amount of recovery
What kinds of compensation are available under 537.080?
Available compensation includes funeral costs, lost wages, and damages for emotional loss, which can vary case by case.
What is the statute of limitations for filing a claim under 537.080?
Generally, you have three years from the date of death to file a wrongful death suit in Missouri.
Who qualifies as a plaintiff in a wrongful death suit in Missouri?
Eligible plaintiffs often include spouses, children, and appointed representatives of the deceased.
Does 537.080 cover deaths outside Missouri?
Such cases typically require the death to have occurred within Missouri, though consulting a lawyer is recommended for specific legal nuances.
Award-Winning Personal Injury Lawyer Recognized for Excellence in Missouri
At Mutrux Firm Injury Lawyers, our results speak through the voices of our clients and now, through the honors we’ve earned in the community. Tyson Mutrux was proudly awarded Best Attorney in Columbia for 2025 by Inside Columbia Magazine, a recognition that reflects not only legal skill but also the deep trust of those we serve in Missouri.
A lawyer’s reputation speaks volumes about their ability to handle cases effectively. Whether you need legal representation for a personal injury claim, car crash claim, medical malpractice, or any other legal matter, choosing an attorney with a proven track record is essential.
Reading online reviews, client testimonials, and industry recognitions can help you gauge a lawyer’s credibility. Tyson Mutrux has built a strong reputation in Missouri, earning a 10.0 Superb rating on Avvo and recognition from Expertise as one of the Best Medical Malpractice Lawyers in St. Louis (2020).
Additionally, he has been honored by The National Trial Lawyers’ “Top 40 Under 40” for his dedication to achieving the best possible outcomes for his clients. His attention to detail, strong communication skills, and history of satisfied clients are reflected in numerous positive Google reviews.
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We serve clients across Missouri and Illinois, with dedicated offices in St. Louis and Columbia.
Navigating a Wrongful Death Claim in Missouri
Losing a loved one is a devastating experience. Navigating a complex wrongful death claim on top of that is an overwhelming burden. The insurance companies know these statutes are complicated and will try to deny or devalue your claim. If your family is grieving a preventable loss in Missouri or Illinois, you do not have to fight alone. At Mutrux Firm Injury Lawyers, we understand Missouri’s wrongful death laws and how to build a case that holds negligent parties accountable. Call us today at 888.550.4026 for a free case investigation.