In Missouri there is a certain order of who can bring an action for wrongful death. This order is pursuant to RSMo. 537.080, it is the following:
the decedent’s spouse, children (natural, adopted, legitimate or illegitimate), or father or mother (natural or adopted);
If no relatives fit the category above then suit may be brought by the decedent’s brother or sister or their decedents, if damages can be shown;
Finally, if no one qualifies under (a) or (b), the court will appoint a “plaintiff ad litem.” However, plaintiff ad litem only applies to actions involving loss chance of survival in medical malpractice claims.
Accordingly, if there is an individual that fits category (a) then an individual in category (b) cannot bring the wrongful death suit. Wrongful death suits can become extremely complex so it important to discuss these matters with an attorney.
The personal injury attorneys at Meyerkord & Kurth are experienced with wrongful death claims. We have a track record of recovering millions of dollars and helping clients recover from their traumatic experience. Our personal injury attorneys are licensed in Missouri and Illinois. We have logged thousands of hours on the phone with insurance companies and recovered millions of dollars for medical bills, pain and suffering, and property damage. We have over 95 years of combined experience. Please contact us at (314) 300-3000 or (800) 391-4318 for a no-obligation assessment.
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