Missouri Wrongful Death Claims

Who can file wrongful death claims?

Wrongful death claims made in the state of Missouri must adhere to strict laws about who is allowed to make those claims. The Hershewe Law Firm, P. C., in Joplin, Missouri, offers free consultation to evaluate your eligibility to bring a wrongful death lawsuit.

Whenever the death of a person is the result of any act, conduct, occurrence, transaction, or circumstance which would have entitled that person to recover damages for injury had he not died, a wrongful death lawsuit may be brought before the court.

Missouri state laws rank three classes of persons entitled to maintain a lawsuit in any wrongful death action. The three groups of potential plaintiffs who may sue for damages are:

Class one

• Spouse of the deceased
• Children, or if no children are surviving, the grandchildren, natural or adopted, legitimate or illegitimate
• Father or mother of the deceased, natural or adoptive

All these relatives of the deceased stand on equal footing under the law, all with highest priority for recovery of damages.

Class two

• If there is no one in the first class–no spouse, children, grandchildren or parents of the deceased—entitled to bring action, then the brother or sister of the deceased or their children, who can establish rights to damages, may bring a suit.

Class three

• If there is no one in either the first or second class entitled to bring suit, then a plaintiff ad litem may be appointed by the court. Any person who is entitled to share in the proceeds of the action, who is competent to perform as plaintiff, and who is requested on behalf of any other persons also entitled to share in proceeds, may apply to the court. The court may, at its discretion, require that such plaintiff ad litem give bond for the faithful performance of duties.

Wrongful death attorney Ed Hershewe points out that the law makes a further stipulation: If a plaintiff (spouse, child, grandchild, parent, sibling, niece or nephew or plaintiff ad litem of the person wrongfully killed) dies, the wrongful death lawsuit can proceed. The person appointed as fiduciary for the estate of the deceased becomes the plaintiff and may bring action against the wrongdoer.

While no state’s wrongful death laws are intended to be confusing or intimidating, the statutes governing wrongful death lawsuits are complex. Attorneys who specialize in wrongful death actions, like The Hershewe Law Firm, P.C., in Joplin, Missouri, can give best advice about your eligibility to file suit and your right to recovery of damages.

If you have a wrongful death claim and would like to get legal advice from a qualified wrongful death attorney, call us toll-free at 877-382-9734 or contact us via our web form.