In any Wrongful Death case it is important that you have the help of Personal Injury Attorneys that can help you with your case. One of the reasons for this is that Wrongful Death cases in Missouri are allowed by statute and there is no support for the ability to bring them in the common law. What this means is that the basic rules for a Wrongful Death case have been set forth by the Missouri legislature and they are specific as to what is allowed, which means that it is important to have Personal Injury Attorneys in your corner that can make sure that the Wrongful Death case is in compliance with the statutes.
The first wrinkle created by the statutes is that not everyone may be eligible to bring a Wrongful Death case. Under Missouri Statute 537.080 there are different classes of relationships that are created in relation to the deceased and dependent on what class you are in you may or may not be able to file a Wrongful Death case but Personal Injury Attorneys can help with that determination. The first class eligible to file a Wrongful Death Case includes the decedent’s spouse, children or the parents of the decedent. If there are no persons in that class the second class is then activated and that includes decedent’s siblings or their descendants. Finally, if neither of the first two classes are met a representative can be appointed on behalf of all others able to collect for the Wrongful Death. However, the determination of who may bring a Wrongful Death case is just the first step and Personal Injury Attorneys should be consulted due to technical nature of these cases.
The information provided is for general informational purposes and does not constitute legal advice. No attorney-client relationship is created by this post. The choice of an attorney is an important one and should not be based on advertising alone.