In Kansas City, several family members may have the right to file a wrongful death claim. Understanding who can file and the time limits involved is crucial for protecting your legal rights.
Eligible Family Members Who Can File A Missouri Wrongful Death Claim
The following family members can file a wrongful death claim:
- Spouse of the deceased
- Children of the deceased
- Surviving lineal descendants of any deceased children
- Parents of the deceased
It's important to understand that each of these family members has their own individual claim regarding the death of their loved one. However, the process can be simplified - one family member can file the lawsuit on behalf of all eligible family members who have a claim.
Secondary Beneficiaries of a Potential Missouri Wrongful Death Claim
If the deceased person has no living:
- Spouse
- Children
- Parents
Then the right to file a claim passes to:
- Siblings of the deceased
- Descendants of deceased siblings
Critical Time Limitations In a Missouri Wrongful Death Case
The time limits for filing a wrongful death lawsuit vary depending on which side of the state line you're on:
Missouri: Claims must be filed within 3 years of the date of death
Kansas: Claims must be filed within 2 years of the date of death
*Please note: If you fail to file within these time limits, your claim will be permanently barred.*
Why Time Matters
Given these strict deadlines, it's crucial to consult with an experienced wrongful death attorney as soon as possible. Early action ensures:
- Preservation of important evidence
- Proper documentation of the claim
- Meeting all legal deadlines
- Protection of your family's rights
