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Who can file a wrongful death lawsuit in Missouri?

On Behalf of | Dec 1, 2021 | Wrongful Death |

Your entire family will suffer when someone dies unexpectedly. There will be the emotional pain of the loss, as well as the practical implications of their death. Those closest to the deceased party will likely require support and possibly therapy to handle their feelings.

Emotional pain isn’t the only consequence. The entire family will lose out on the income and any benefits that the deceased family member provided, such as health or dental insurance. There are also the unpaid services that the family member provided around the house to consider.

Over the course of a lifetime, the death of your loved one could cost your family tens or even hundreds of thousands of dollars. Your family will likely have a difficult time ahead if you have recently lost a loved one in an accident of some kind. Understanding if you can file for a wrongful death lawsuit could help you recover some of those losses.

Who can file a wrongful death claim in Missouri?

Every state has its own rules regarding who can seek compensation when someone dies because of another person’s conduct or negligence. Surviving family members can bring a claim against an individual who caused a drunk driving crash, for example, or a business that produced a dangerously defective product.

Missouri law gives certain families priority consideration when it comes to wrongful death lawsuits. Typically, spouses, children or parents are the ones who will file a wrongful death claim. However, if the deceased person does not have close family members, then siblings or their descendants can initiate a wrongful death lawsuit.

With someone does not have immediate family members to bring a claim, someone serving as the plaintiff ad litem may be the one to initiate a lawsuit against the party who caused their death.

Do the circumstances warrant a wrongful death claim?

Not every tragic loss will result in a successful claim. The family members bringing the claim typically need to show that wrongful acts or negligence directly caused a loved one. If your situation meets that criteria and your relationship meets the state standard, you may be in a position to seek compensation after a loss.

Learning the basics of Missouri wrongful death claims can help a grieving family pursue justice.