If you have suffered the unspeakable tragedy of losing a loved one because of someone else’s wrongful actions in Missouri, you could be eligible to file a wrongful death claim. The point of such a legal action is to seek financial compensation as a form of justice and accountability for your loved one’s untimely death. At this point, you might wonder: “Who gets the money from a wrongful death lawsuit?” This is a common question and one the team at Sumner Law Group, LLC, can answer.
Who Can File a Missouri Wrongful Death Claim and Who Benefits?
Missouri Statute 537.080 limits who can file a wrongful death lawsuit in Missouri, starting with the decedent’s:- Spouse
- Children
- Lineal descendants of any deceased children
- Natural or adoptive parents of the deceased
Is There a Priority Order for Wrongful Death Recoveries?
Yes, Missouri law distributes any money recovered through a wrongful death suit in roughly the same order as it allows survivors to file. Those in Class 1 – the spouse, children, or parents – have the first right to file a wrongful death claim and will decide how to split any money they recover. Only if there is no one in this class does the right pass to Class 2 – the siblings or their descendants – in which case compensation is distributed according to the members of that class. If there is no one in either of these classes, the court can appoint a plaintiff ad litem, who distributes compensation following the laws of descent.What Could You Receive for Your Loved One’s Death?
The compensation you could recover through a wrongful death claim might include money for:- Medical expenses from between the deceased’s injury and death
- Funeral and burial costs
- The value of wages and benefits the deceased would likely have earned
- Non-economic damages like loss of companionship and consortium