Stephen Schultz | July 28, 2026 | Wrongful Death
Losing a loved one because of someone else’s negligence can leave families facing emotional and financial challenges. In addition to grief, surviving family members may have questions about their legal rights and whether they can pursue a wrongful death claim.
Not everyone affected by a death has the legal authority to file a lawsuit. Missouri law identifies certain individuals who may have the right to bring a wrongful death claim and seek compensation for losses caused by the death.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit brought when a person’s death was allegedly caused by another party’s negligence, recklessness, or wrongful conduct.
Wrongful death claims commonly arise from:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Medical malpractice
- Workplace accidents
- Defective products
- Dangerous property conditions
The purpose of the claim is to compensate surviving family members for losses resulting from the death.
Who Has the Right to Sue for Wrongful Death?
One of the most common questions families ask is who has the right to sue for wrongful death.
Missouri law establishes an order of priority that determines who may bring a wrongful death lawsuit.
Potential claimants may include:
- A surviving spouse
- Children
- Grandchildren of a deceased child
- Parents of the deceased
If no eligible person exists in the first category, the law may allow other relatives or individuals to pursue the claim under certain circumstances.
Can Siblings File a Wrongful Death Claim?
Yes, but usually only if there is no surviving spouse, child, parent, or other person with a higher priority under Missouri’s wrongful death statute.
Missouri law places eligible family members into categories. If no one in the first category is available to bring a claim, the right may pass to the next category. In some cases, siblings may have the ability to pursue a wrongful death lawsuit when no eligible relatives with a higher priority exist.
Because eligibility depends on the family structure and the circumstances of the case, determining who may file a claim often requires a review of the applicable statute and the surviving relatives.
What Must Be Proven in a Wrongful Death Case?
A wrongful death claim generally requires evidence showing that another party’s actions or failure to act caused the death.
Evidence may involve:
- Accident reports
- Medical records
- Witness statements
- Expert testimony
- Photographs and videos
- Employment records
The evidence must connect the defendant’s conduct to the fatal injury.
What Compensation May Be Available?
A wrongful death lawsuit may seek compensation for both financial and personal losses suffered by surviving family members.
Damages may include:
- Funeral expenses
- Medical bills related to the final injury
- Lost financial support
- Lost services provided by the deceased
- Loss of companionship
- Loss of guidance and care
The available compensation depends on the facts of each case.
What if Multiple Family Members Want to Bring a Claim?
It is common for several family members to have an interest in a wrongful death case.
Even if several family members may qualify to recover compensation, Missouri law generally requires them to pursue a single wrongful death claim together. If the case is successful, the settlement or court award is divided among the eligible beneficiaries by agreement or as determined by the court.
Any settlement or verdict may then be divided among the beneficiaries based on an agreement between the parties or a court’s determination. This process helps avoid multiple lawsuits arising from the same death and allows the claim to proceed in a single action.
When Should a Family Speak With a Lawyer?
Wrongful death claims can involve complex legal and factual issues.
A lawyer may assist by:
- Investigating the circumstances of the death
- Identifying potentially liable parties
- Determining who may file the claim
- Calculating damages
- Negotiating with insurance companies
- Filing a lawsuit when necessary
Legal guidance can help families understand their options and applicable deadlines.
Contact the St. Louis Wrongful Death Attorneys at Schultz & Myers Personal Injury Lawyers for Help Today
The loss of a loved one is one of the most difficult experiences a family can face. If you believe another person’s negligence caused your loved one’s death, it is important to understand your legal rights and who may be eligible to bring a wrongful death claim under Missouri law.
Wrongful death accidents can change your life in an instant. If you’ve been hurt in a wrongful death, call Schultz & Myers Personal Injury Lawyers now to schedule a free consultation with a Ladue wrongful death attorney. We’ll review your case for free and help you take the next steps toward justice and recovery.
Contact the attorneys at Schultz & Myers Personal Injury Lawyers at the nearest location to schedule a free consultation, we proudly serve all throughout Missouri, including St. Louis County and Boone County and we have offices in St. Louis, Ladue, Columbia, Creve Coeur.
Schultz & Myers Personal Injury Lawyers – St. Louis Office
319 N 4th Street, Suite 835, St. Louis, MO 63102
(314) 444-4444
Schultz & Myers Personal Injury Lawyers – Columbia Office
28 N 8th St # 502, Columbia, MO 65201
(573) 702-3285
Schultz & Myers Personal Injury Lawyers – Ladue Office
9807 S 40 Dr, St. Louis, MO 63124
(314) 912-3302
Schultz & Myers Personal Injury Lawyers – Creve Coeur Office
999 Executive Pkwy Dr #205, Creve Coeur, MO 63141
(314) 350-4021
