Wrongful Death Plaintiff ad litem

Wrongful Death

In Missouri Wrongful Death law individuals may be able to sue for a Wrongful Death based upon their standing in the statutorily defined class of people impacted by the Wrongful Death.  There are instances where the only people able to bring suit due to a Wrongful Death are incapable, possibly due to all the members of the class being minors or incompetent for some other reason.  In that situation a Plaintiff ad litem may be named to maintain the suit on behalf of the class members that for whatever reason may not be able to bring the suit on their own.  While it is important to have the help of a Personal Injury Attorney in any Wrongful Death case, where a Plaintiff ad litem is involved it can be exceptionally important.

While much of the case will be handled in a similar fashion to any other Wrongful Death case, once a recovery is made the division of the award is handled slightly differently when a Plaintiff ad litem is involved and because of this a Personal Injury Attorney can be of use.  In a normal Wrongful Death case the court would  hear evidence in relation to the class members that wish to to be compensated for the Wrongful Death and divide the proceeds accordingly.  When a Plaintiff ad litem is involved, the default setting is that the court will automatically divide the proceeds to all persons entitled to share in the proceeds according to the laws of descent.  This can create a wrinkle that only a Personal Injury Attorney can explain.

If you have a Wrongful Death case and would like to speak with Wrongful Death Attorney contact The Elster Firm for a free consultation.

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.