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Who Can Bring A Wrongful Death Claim In Missouri?

Wondering Who Can Bring A Wrongful Death Case?

In Missouri, there is a Wrongful Death Statute that enumerates who can bring a cause of action for the wrongful death of a person. There are classes of family members that can bring an action for wrongful death.

As cited in Missouri law,

-The first class is: “spouse or children or the surviving lineal descendants of any deceased children, natural or adopted, legitimate or illegitimate, or by the father or mother of the deceased, natural or adoptive.” If there are no people in the first class, then the statute identifies a second class of relatives that may bring a wrongful death action.

-The second class is: “the brother or sister of the deceased, or their descendants, who can establish his or her right to those damages set out in section 537.090 because of the death.” If there are no family members as identified in classes 1 and 2, then a “Plaintiff ad litem” can be appointed to prosecute the claim for wrongful death.

Contact The Firm

The statute of limitations to bring a Wrongful Death action in Missouri is three years, so it is important to speak to an attorney right away in the event of a wrongful death of a relative. The attorneys at the Law Offices of Frank J. Niesen, Jr. are experienced in handling these types of cases. Please call us at 314-667-4923 to discuss your case.