Who Brings Wrongful Death Claim in Missouri After Car Crash

In Missouri, if someone dies due to a wrongful death caused by another party's negligence, certain family members can file a wrongful death claim to seek compensation for their loss. Here's a breakdown of who can bring a wrongful death claim in Missouri:

Order of Priority:

  • Group One: The first group in line to file a wrongful death claim consists of the deceased's spouse and children, including biological or legally adopted children. However, adopted children cannot file a wrongful death claim for the death of their biological parent (and vice versa).
  • Group Two: If there is no surviving spouse or children in Group One, parents of the deceased can file the claim.
  • Group Three: If none of the above family members are available or willing to file a claim, the court can appoint a "plaintiff ad litem" to pursue the case. This is typically someone designated by the court who would benefit from the proceeds of the lawsuit.

Important Points:

  • Only One Lawsuit: Missouri law allows only one wrongful death lawsuit to be filed for each death, regardless of how many people qualify under the categories mentioned above. If multiple parties within a group are eligible, they can join forces and file a single lawsuit.
  • Notification Requirement: If you plan to file a wrongful death claim, it's crucial to notify any other individuals within your qualifying group (e.g., spouse, children, or parents) about your intention to pursue legal action.

Additional Considerations:

  • Wrongful Death Statute: For a more comprehensive understanding of the legal grounds for wrongful death claims in Missouri, refer to the state's wrongful death statute, Chapter 537 of the Missouri Revised Statutes.
  • Legal Help: Consulting with an experienced personal injury lawyer specializing in wrongful death cases in Missouri is recommended. They can guide you through the legal process, assess the viability of your case, and help navigate the complexities of wrongful death lawsuits.

Here are some resources that can provide more information:

  • Missouri Courts website: https://www.courts.mo.gov/ (Search for "wrongful death statute")
  • Missouri Bar Association: https://mobar.org/

Remember, the aftermath of a fatal car crash is a difficult time. Understanding your legal rights and options can help you navigate this challenging situation. Disclaimer: This is informational posting only and not legal advice.

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