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Who Can Sue for Wrongful Death in Missouri?

October 29, 2023 | Personal Injury

funeralNavigating the legal landscape is challenging, especially when it comes to seeking justice for the wrongful death of a loved one. In Missouri, some specific laws and guidelines dictate who has the right to pursue damages in the event of a tragic loss caused by negligence, recklessness, or intentional acts. A deceased victim’s surviving spouse, parents, and children have precedence in initiating a claim. If no one from the first group survives, then surviving siblings or their descendants may file a wrongful death lawsuit.

Missouri defines wrongful death as a loss that results from acts, behaviors, or circumstances in which an individual would have been entitled to recover damages in a personal injury claim if they had lived. Many types of events result in wrongful death, including negligence-based accidents, medical malpractice, or intentional acts. The lawyers at Goza & Honnold are prepared to help you understand your rights and options to seek compensation and justice in a wrongful death claim. 

Parties Who Can Sue for Wrongful Death in Missouri

Like other states, Missouri prioritizes parties by category who can have precedence to seek a wrongful death claim. The first category includes the following parties: 

  • Surviving spouse 
  • Parents 
  • Children 
  • Grandchildren 

The second category is reserved for circumstances in which the deceased has no surviving spouse, parents, children, or grandchildren. In those cases, surviving siblings may file a wrongful death claim. If the deceased has no surviving siblings, then an offspring of any siblings may file the claim. If none exist, a personal representative of the deceased’s estate may seek a claim. Alternatively, if there is no representative, a party may petition to appoint a “plaintiff ad litem” who may seek the wrongful death case.

In a successful wrongful death claim, you may be eligible to recover various damages, depending on the specific circumstances of the case. When determining the value of a claim, the court or jury  will consider the following: 

  • Funeral and burial costs
  • Medical expenses related to the injuries 
  • Lost wages and benefits of the deceased 
  • Pain and suffering sustained by the deceased between injury and death
  • Loss of consortium, companionship, and support the deceased would have provided to the surviving family

The lawyers at Goza & Honnold will help you determine the value of damages you may seek in a wrongful death claim. With decades of experience and extensive legal resources, we will investigate the incident, obtain evidence to build a strong claim, and fight for justice for your tragic loss. 

How the Wrongful Death Lawyers at Goza & Honnold Can Help Your Claim

Losing a family member due to someone else’s negligence or wrongful actions is a heart-wrenching event. During this difficult time, seeking legal guidance from the experienced lawyers at Goza & Honnold makes a decisive difference in the outcome of your claim. 

Our highly qualified legal team will help you with the following aspects of your claim while you focus on healing during this challenging time: 

  • We offer compassionate and diligent representation throughout the legal process, taking the time to learn your loved one’s story and answer any questions you may have
  • We will handle all aspects of your case with meticulous attention and care. With our extensive resources and knowledge, we have recovered millions of dollars for our clients 
  • We aggressively advocate for your loved one’s best interests each step of the way, from investigations to negotiations with relevant parties 

We know how difficult seeking a wrongful death claim may be, especially when you want to prioritize healing and moving forward. We take the burden off your shoulders and fight tirelessly for just compensation.  

Speak With the Wrongful Death Lawyers at Goza & Honnold Today

By enlisting the help of the highly qualified lawyers at Goza & Honnold, you can navigate the complexities of a wrongful death claim with the best possibility of securing compensation and justice. We understand the sensitivity involved with these types of cases and provide emotional and legal support from initial consultation to resolution. 

Schedule a no-cost consultation with one of our experienced lawyers by calling (913) 451-3433 or filling out a contact form.