In St. Charles, a wrongful death lawsuit operates similarly to a personal injury claim. However, since the deceased person cannot file a lawsuit on their own behalf, a family member files a claim. Mo. Rev. Stat. §537.080 states that a wrongful death claim may arise “whenever, the death of a person results from any act, conduct, occurrence, transaction, or circumstance” that would have entitled the deceased person to recover damages if death had not prevented them from filing a legal action.
A wrongful death lawyer in St. Charles could investigate to determine whether the deceased person would have had a personal injury claim that can be brought by relatives in the form of a wrongful death action. Mo. Rev. Stat. §537.100 requires wrongful death claims to be filed within three years of the time the “cause of action accrues.” Therefore, the claim must be prepared and filed no later than three years of the date of death.