Missouri Wrongful Death Cases – Who Can Sue?

In Missouri wrongful death cases, the people who can sue and share in any proceeds of such cases depend on the familial relationship with the decedent. Missouri statutes spell out the types of relations who are entitled to sue in these cases. The relations are divided into 3 classes, the closer the relation, the lower the number. If there are any members of the lowest numbered class, only those people can sue and share in the proceeds of a wrongful death case.

Class one members consist of the spouse of the decedent, any natural or adoptive parents and any natural or adopted children.  If there are any class one members, then only they can sue and share in the proceeds. For example, if the decedent had a child and a spouse but no parents, then only the child and spouse can sue and share in the proceeds.

Class two members consist of the brothers or sisters of the decedent, or the brothers' or sisters' descendents. If the decedent had no spouse, children or surviving parents, then the decedent's siblings would be entitled to sue and share in the proceeds.

If there are no class one or two members, then a plaintiff ad litem can sue. A plaintiff ad litem is someone the court appoints to represent the interests of the decedent.

If your loved one was killed because of someone else's negligence or wrongdoing, and you want to know if you have a right to bring a wrongful death case, please contact me.  I am a  Kansas City personal injury attorney and can help you in these difficult situations.