The concept of “wrongful death” emerged as a legal claim to provide recourse for families who have lost a loved one due to another party’s negligence or intentional misconduct. Since deceased individuals cannot file lawsuits on their own behalf, the wrongful death statute in Missouri identifies specific individuals who are authorized to bring a claim in the deceased person’s place. However, under common law, a minor is typically not allowed to file a lawsuit due to their legal inability to enter into contracts or handle legal matters independently. This can present a challenge when a minor loses a parent or guardian and seeks justice for their untimely death.
Despite this restriction, there are exceptions and legal mechanisms in place that may allow a minor to pursue a wrongful death claim. Often, a representative such as a legal guardian or a court-appointed individual can file the lawsuit on behalf of the minor, ensuring that their rights are protected and they receive compensation for the loss. Understanding the nuances of wrongful death law and how it applies to minors can be complex, but with the assistance of a knowledgeable Missouri personal injury law firm like Steelman Gaunt Crowley, you can navigate these challenges effectively. Contact our experienced attorneys at (573) 341-8336 for a consultation to learn how to best proceed in this difficult situation.
What Is Wrongful Death in Missouri?
A personal injury claim arises when one party’s wrongful conduct injures someone. A wrongful death case is a claim that would have constituted a personal injury claim if the victim had not died from their injuries. In some cases, victims file personal injury claims and then die while their claim is still pending. Such a claim can become a wrongful death claim if the eligible plaintiffs wish to pursue it.
The Difference Between A Wrongful Death Case and A Homicide Prosecution
A wrongful death claim is pursued when a person dies as a result of another party’s wrongful conduct, such as negligence or intentional harm. In contrast, a homicide prosecution occurs when a victim’s death results from the defendant’s criminal actions, such as murder or manslaughter. The key distinction between these two is that not all wrongful behavior is considered criminal behavior. For instance, ordinary negligence—where a person fails to exercise reasonable care—does not rise to the level of criminal negligence, which involves reckless disregard for the safety of others.
While wrongful death claims are civil cases focused on obtaining financial compensation for the surviving family members, homicide prosecutions are criminal cases aimed at punishing the defendant for their unlawful conduct. Understanding this difference is crucial, as it highlights how the legal system addresses both the civil consequences of wrongful actions and the criminal accountability for actions that result in death.
The Difference Between A Wrongful Death Case and A Survival Action
When a personal injury victim dies, it is possible to pursue two separate claims in response to the death: one under Missouri’s “Action for Wrongful Death” statute and the other under the “Action for Personal Injury or Death to Survive Regardless of the Death of Either Party.” Missouri law allows for the consolidation of wrongful death claims and survival actions into a single lawsuit when appropriate, streamlining the process. However, there are two key differences between these types of claims: who is eligible to file them and the types of damages that can be awarded.
In a wrongful death claim, the surviving family members or beneficiaries can file the lawsuit to seek compensation for their loss. This typically includes damages for emotional pain, loss of companionship, and financial support. In contrast, a survival action allows the deceased person’s estate to pursue a claim for any damages the victim suffered prior to death, such as medical expenses, lost wages, and pain and suffering. Understanding these distinctions is crucial to determining which claims can be filed and what damages may be available in each type of case.
Who Can File The Missouri Wrongful Death Claim
In Missouri, the right to file a wrongful death claim is generally limited to the deceased victim’s immediate family members, including their spouse, children, or parents. In certain circumstances, other relatives, such as siblings, grandchildren, or grandparents, may also be eligible to file a claim. Missouri wrongful death law follows a specific priority order: the spouse and children have the first right to file, followed by the parents, and then siblings.
In contrast, a survival action is filed by the personal representative (executor) of the deceased person’s probate estate. This type of claim seeks compensation for the victim’s pain and suffering, medical expenses, and lost wages prior to their death. If you’re uncertain about your eligibility to file a wrongful death or survival action, it’s wise to consult with an experienced Missouri personal injury law firm like Steelman Gaunt Crowley. Their team can help you understand your legal rights and guide you through the process.
How A Minor With A Wrongful Death Claim Can Seek Justice in Missouri Courts
In Missouri, while a minor cannot file a lawsuit on their own behalf, a parent or other court-approved adult can file the wrongful death claim as the minor’s “Next Friend.” This legal designation allows the designated adult to represent the minor’s interests in the case. If the minor is at least 14 years old, they must give their approval for the individual chosen to serve as the Next Friend. However, the court ultimately has the authority to decide who is qualified to serve in this role. Once the lawsuit is filed, the duties of the Next Friend are considered complete, and the case proceeds through the legal process, representing the minor’s right to seek justice and compensation for their loss.
Can A Minor Wait Until Their 18th Birthday and File A Wrongful Death Case?
In Missouri, the wrongful death statute of limitations dictates how long a plaintiff has to file a lawsuit or finalize a settlement after a victim’s death. Typically, the statute of limitations is three years from the date of death, but if the claim is related to medical malpractice, the time frame is reduced to two years.
However, there is an important exception for minors. If a minor was underage at the time of the victim’s death, they may still be able to file a wrongful death claim even if more than three years have passed. The statute of limitations functions like a countdown, starting from three years after the victim’s death, but the clock doesn’t start ticking for a minor until they turn 18. This means that a minor has until their 21st birthday to file a wrongful death claim, effectively giving them extra time to pursue justice.
Should a Minor Wait Until They Are Old Enough to File a Lawsuit?
If the wrongful death plaintiff is a minor at the time of the victim’s death, they don’t necessarily need to file the lawsuit through a Next Friend and guardian ad litem. Instead, they can wait until they are of legal age to file the lawsuit on their own behalf. Since the statute of limitations doesn’t begin until the minor turns 18, the three-year period for filing a claim won’t expire until their 21st birthday, giving them more time to seek justice after they reach adulthood.
Guardians Ad Litem and Settling Claims on Behalf of a Minor in Missouri
Once a wrongful death lawsuit is filed on behalf of a minor, the court may appoint a guardian ad litem to represent the minor’s interests. This individual does not necessarily have to be the same person as the Next Friend who filed the lawsuit. If the court decides against appointing a guardian ad litem, it will take on a more active role in overseeing the case to ensure the minor’s interests are properly protected.
When it comes to settlement agreements, there are important limitations and restrictions. In Missouri, the Next Friend—typically a parent or guardian—cannot sign a settlement on behalf of the minor. However, if a guardian ad litem has been appointed, they have the legal authority to sign a settlement agreement. Despite this, the court must approve any settlement before it becomes legally binding. This ensures that the settlement is in the best interest of the minor and provides additional oversight to safeguard their rights and interests throughout the process.
Do You Need A Wrongful Death Lawyer?
Wrongful death claims can be complex and contentious even in the most straightforward cases, and the involvement of a minor can add an additional layer of difficulty. In these challenging situations, having an experienced attorney on your side is crucial to ensure your rights are protected. At Steelman Gaunt Crowley, we are committed to advocating for you with unwavering dedication and tireless energy. Contact us today at (573) 341-8336 to schedule a free initial consultation and discuss how we can help you navigate the complexities of your wrongful death case.
