Can You Sue for Wrongful Death in Missouri?
If you lost a loved one in an accident, you should want the responsible party held accountable for the devastation caused you and your family. A possible way to seek justice while also obtaining compensation is by contacting a St. Louis Wrongful Death Lawyer.
Wrongful death is a claim for damages where a person’s wrongful or negligent conduct resulted in the death of another person. You can recover for various types of losses including medical, hospital and funeral expenses, lost earnings of the deceased person, and lost companionship.
Bringing a wrongful death claim
Under Missouri law, the only people who can bring a wrongful death claim on behalf of a deceased adult are certain lineal descendants of the deceased. Specifically, RSMo. Chapter 537.080 states that a wrongful death case can be brought:
(1) By the spouse or children or the surviving lineal descendants of any deceased children, natural or adopted, legitimate or illegitimate, or by the father or mother of the deceased, natural or adoptive;
(2) If there be no persons in class (1) entitled to bring the action, then by the brother or sister of the deceased, or their descendants, who can establish his or her right to those damages set out in section 537.090 because of the death;
(3) If there be no persons in class (1) or (2) entitled to bring the action, then by a plaintiff ad litem. Such plaintiff ad litem shall be appointed by the court having jurisdiction over the action for damages provided in this section upon application of some person entitled to share in the proceeds of such action. Such plaintiff ad litem shall be some suitable person competent to prosecute such action and whose appointment is requested on behalf of those persons entitled to share in the proceeds of such action. Such court may, in its discretion, require that such plaintiff ad litem give bond for the faithful performance of his duties.
Being the beneficiary of a wrongful death claim
Various parties can recover compensation following the lawsuit. Potential beneficiaries of a wrongful death lawsuit are:
- Dependent children
- Other dependent next of kin
Additionally, people or businesses that provided medical care or paid for funeral expenses for the deceased person may be reimbursed for those expenses through damages awarded to the estate. Indiana wrongful death law has a number of features that are unique to the state, so being represented by an experienced law firm is very important.
Click here for more information about wrongful death. If you believe a loved one was the victim of a medically related wrongful death, contact a St. Louis Wrongful Death Attorney immediately at 314-775-3864. In Missouri, there is a 3-year statute of limitations in which to bring the case from the date of death.