Frequently Asked Questions

If someone you love has been killed in Missouri as the result of someone else's negligence, you may be eligible for compensation in a wrongful death claim. However, there are specific rules on who is eligible to make a wrongful death claim in Missouri. If you have questions on whether or not you can make a claim, you can get the advice of a wrongful death attorney.

The only person who can make a wrongful death claim is the deceased's personal representative. This representative must make the claim on behalf of the deceased's estate, and on behalf of each individual survivor. In this case, survivors may include:

• the deceased's spouse,
• the deceased's children;
• the deceased's parents;
• the deceased's blood relatives; and
• in some cases, their adoptive relatives.

Under Missouri statutes, survivorship is to be determined at the time of the deceased's death. Furthermore, statutes specify what type of damages each type of survivor may recover. In a Missouri wrongful death claim, damages may include the deceased's medical expenses, their funeral and burial costs, and specific losses that were suffered by the survivors.

If you want to file a wrongful death claim or want to know more about who can act as a deceased's personal representative, call us for a FREE case review at 314.344.0800.

In Missouri, a wrongful death case can be filed by the spouse, children, surviving descendants of any deceased children, father, or mother. If none of those are able to bring up the suit, a brother or sister of the deceased has the right to file a suit.

There is also no cap on the damages that can be awarded in Missouri. If you feel that a relative of yours was killed wrongfully in an accident, you would be well-advised to contact an attorney who can understand your claim and file it properly.

A plaintiff ad litem is the third class of descendants that can file a wrongful death claim on behalf of a deceased victim. A plaintiff ad litem is an individual that is appointed by the court, and can only be appointed if the other two classes of descendents are not met. This means that if the other classes of relatives aren’t living, are minors, etc. a plaintiff ad litem will be appointed by the court. Often, a plaintiff ad litem may be an aunt, uncle, or some other distant relative.

A wrongful death suit may be filed when a person dies as the result of someone else's negligent, reckless, or intentional act.  Most wrongful death claims filed by a Missouri Injury Lawyer are based on negligence.  For the person filing the suit it will be necessary to show that the wrongdoer was caused by the failure to act in a responsible manner and that this caused the death of your loved one. Every state has its own wrongful death statutes and under Missouri law, three different classes of people can file suit for wrongful death, for example; spouses, children, grandchildren, parents, siblings, nieces, and nephews.