Being injured can cause life-disrupting challenges and changes to the injured and their families. However, when an incident results in the death of a person, it can be devastating. The nature of accidents and incidents is that they are unexpected and surprising. These types of surprises can require family members to come forward to take up a wrongful death case.
Qualifying for a wrongful death suit has the same basic requirements as a personal injury case, except the injured party passes away. When a wrongful death occurs as a result of negligence, malice or recklessness it can benefit the deceased person’s family to recover damages.
What qualifies as a wrongful death case?
When a person dies as a result of an action or circumstance that would have otherwise qualified to recover damages. In other words, if the person would not have died and their case qualifies for damages, then they could qualify for a wrongful death suit.
Who can bring a wrongful death suit in Missouri?
When a person dies as a result of the incident, the burden to take the matter to court falls upon those that are closest to the deceased.
- Spouse: When the deceased was married, the surviving spouse can file a wrongful death suit.
- Siblings: When there is not a spouse to file a wrongful death suit a sibling of the deceased may do so.
- Court-appointed: When there isn’t a spouse or siblings to take up the case the court may appoint a plaintiff that is qualified to file a wrongful death suit.
When filing a wrongful death suit, the plaintiff can only bring one action against one defendant that caused the death of one person.
When considering a wrongful death suit, it can be helpful to have professional guidance that is experienced in personal injury law in Missouri.