Losing someone you care about is never easy, especially when their death happened because of someone else’s poor choices.You’re likely to feel very overwhelmed in this moment, and it’s understandable if you aren’t thinking about legal action right away.
That being said, it’s an important thing to consider in these situations to make sure you get what you’re entitled to under the law. That’s where a wrongful death lawsuit comes in. Make sure you understand who can file this type of claim and how it works.
Contact a St. Louis wrongful death attorney today to pursue due compensation — call (314) 300-6260.
First Group – Closest Family Members
The first chance to file a wrongful death lawsuit in Missouri goes to the immediate family. This includes:
- The spouse
- Children, whether biological or adopted
- Grandchildren (this only applies if the deceased’s children have also died, leaving descendants – such as grandkids – in line to file)
- Parents (biological or adoptive)
(1) By the 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;
These family members get top priority. If you’re in this group, you can definitely bring a case.
Second Group – Siblings and Their Descendants
If the closest relatives (the first group) do not exist, or do not file a wrongful death suit, the eligibility passes to the next in line. This means the deceased’s brothers, sisters, and the children of those siblings, so nieces and nephews.
(2) If there be no persons in class (1) entitled to bring the action, then by 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;
The Plaintiff Ad Litem
If both earlier groups have nobody who either exists or decides to bring a suit, another option opens up. The court can choose someone to bring the claim. This person is known as the plaintiff ad litem.
(3) If there be no persons in class (1) or (2) entitled to bring the action, then by a plaintiff ad litem. Such plaintiff ad litem shall be appointed by the court having jurisdiction over the action for damages provided in this section upon application of some person entitled to share in the proceeds of such action. Such plaintiff ad litem shall be some suitable person competent to prosecute such action and whose appointment is requested on behalf of those persons entitled to share in the proceeds of such action
The person appointed must be a responsible adult – usually a relative – who asks the court for permission to file a wrongful death lawsuit on behalf of those who would get any settlement or award — a St. Louis personal injury lawyer will be able to guide you through the rest of the process.
Only One Wrongful Lawsuit May Be Filed
In a wrongful death case, only one lawsuit can be filed for the person who passed away, no matter how many close family members want to take legal action. This single case is meant to cover everyone who is allowed by law to benefit, such as a spouse, children, or sometimes parents.
2. Only one action may be brought under this section against any one defendant for the death of any one person.
If the family members agree on how to divide any money that comes from the case, they can present their agreement for the judge’s review. A judge makes sure this split treats everyone fairly. When family members cannot reach an agreement, the judge steps in and decides how to divide the settlement or verdict. Here’s what they consider:
- The closeness between each person and the person who passed away. The court looks at who the decedent spent time with, and the nature of those relationships. When spouses or children exist, these relationships are often the main beneficiaries.
- How long these relationships likely would have continued. If the person lost was young or if someone was dependent on them for many years to come, the judge takes that into account.
- What sort of financial support each family member received or reasonably expected to receive from the person who died. The impact of the loss. This can include guidance, companionship, and emotional support.
Handling wrongful death claims can get complicated, especially when you’re already dealing with so much. Let a professional handle it and take some of the burden off your shoulders.
Call us today to schedule a free consultation.