Wrongful Death in Missouri – Who May Sue, Who Gets the Money, & the Statute of Limitations

Wrongful Death in Missouri – Who May Sue, Who Gets the Money, & the Statute of Limitations

When a person dies as a result of the negligence of another, the family may sue for wrongful death. The law providing who gets to sue is contained in Missouri Revised Statute 537.080, but basically there are three categories. The first category is the spouse (husband or wife) or children of the deceased person as well as the father and mother.

The second category if there is no spouse, children or parents is the brother or sister of the deceased person or the nieces and nephews who can establish that they have a right to take the results of the wrongful death. The third category is if there are no people that meet the above requirements then the Court can appoint someone to sue called a Plaintiff ad litem in Missouri, and in most states for that matter including Illinois. Only one action may be brought for the death of a person.

The next question is who will get the money? The answer to that is different than who is entitled to sue. The spouse and the linear descendants of the deceased are the first to be able to recover money. The surviving spouse and children will likely recover all of the money even if there are parents of the deceased. In fact, Cantor and Associate has had this same situation and recently. If there are children and parents, the children will likely get the money to the exclusion of the parents, unless it is proven inequitable. Additionally, if the parties are in the mist of the divorce, but the divorce is not finalized when a party is killed it is as if the party died while married. A divorce is not final until it is final and although that seems like it is unfair that is the law in the state of Missouri.

We are experts in handling wrongful death cases. If you have a Missouri or Illinois Wrongful Death case, please call us and we can help at (314) 542-9999 or submit a contact us form through this website.

POSTED IN: best st. louis attorney Mark Cantor Mark's Post Medical Treatment Negligence Our Clients

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