What are Wrongful Death Cases? Wrongful death cases typically arise when an individual or company’s negligent or intentional actions result in the untimely death of another person. In such cases, survivors may seek monetary damages on behalf of the deceased, compensating for the losses incurred due to the premature death. Wrongful death cases involve intricate statutes and rules that vary depending on the jurisdiction and circumstances. This makes them delicate and complicated.
Who can Bring Them? Who is entitled to file a wrongful death case varies from one jurisdiction to another. No matter what state you are in, it is important to figure out early on who has the right to sue because, typically, if the wrong person files the case, the courts will treat that filing as though it never happened.
In Missouri, R.S.Mo. Section 537.080 establishes the classes of people with priority in bringing suit. The order of preferences in this wrongful death statute basically starts with the spouse or children or “surviving lineal descendants of any deceased children” or by the “father or mother” or the deceased. If no one in this first class of beneficiaries exists, then the claim belongs to the brother or sister of the deceased. And if no one in this second or first class exists, then the case can be pursued by a plaintiff ad litem, which is someone appointed by the court.
The law in Illinois is very different from Missouri in regard to who can bring a claim for wrongful death. In Illinois, parties are typically required to have someone appointed by a court as a representative of the deceased person’s estate.
Compassionate Advocacy in Times of Grief – On top of the intricate laws that vary by jurisdiction, there is the obvious emotional aspect that requires compassionate assistance. And there are the ins and outs of the different statutes and rules that apply to them. We understand the profound pain that follows the loss of a loved one due to wrongful death. Our experienced legal team is dedicated to providing compassionate assistance and pursuing justice on behalf of the deceased individuals and their grieving survivors. Explore our decades-long commitment to handling wrongful death cases with the utmost sensitivity and legal expertise.
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