Not Everyone Can File a Missouri Wrongful Death Case… Can You?

Price & Randle

The person who died may have been your spouse, parent, or child. He may have been your sibling, aunt, or uncle. You, and the rest of your family, are understandably devastated that someone else’s negligence has taken your loved one from you, and you have decided that a wrongful death action should be filed. The person who killed your loved one should be held accountable, and your family should not suffer financially while you mourn the death of your relative. However, Missouri law only allows one lawsuit to be filed against a defendant for the death of an individual.

Who Will File That Lawsuit?

Missouri Statutes (Chapter 537, Section 537.080) defines who can bring a wrongful death lawsuit. According to the statute:

  • A spouse, child (or lineal descendant of the child), or parent of the decedent should bring the lawsuit if a spouse, child, descendant of the child, or parent is alive and able to bring a case.
  • If there is no spouse, child, or parent able to bring a case, then a sibling or a sibling’s descendant may bring a case.
  • If there is no spouse, child (or descendant), parent, sibling (or descendant), then a plaintiff ad litem may be appointed by the court.

An experienced Missouri wrongful death lawyer can help you understand how this law applies to your family.

Call a Lake of the Ozarks Wrongful Death Attorney Today to Learn More

For more information about who has standing to start a Missouri wrongful death case, and to learn more about the pros and cons of such a case, please contact a Missouri wrongful death attorney today at (573) 240-8866 to schedule a consultation.

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