Missouri statute § 537.080 governs who is entitled to bring a wrongful death cause of action in Missouri. There are two “classes” of priority. In the first class, is the deceased’s spouse, children (or a deceased child’s child), father, or mother.
Note that Missouri law does not give sole priority to any particular type of person in this class (for example, a surviving spouse is not solely entitled to bring a cause of action in wrongful death – the deceased’s children, or parents may join in a wrongful death lawsuit). Only one wrongful death lawsuit may be brought regarding a deceased’s wrongful death. If one of the person’s in the class of persons entitled to sue does so on his or her own, another person within the class of persons entitled to sue may join (or intervene) in the pending lawsuit.
Only if there are no persons in the first class of persons entitled to bring a wrongful death lawsuit, persons in the second class of persons entitled to bring a wrongful death lawsuit may do so. Persons in this class are the deceased’s brother or sister (or their descendants).
If you have lost a family member because of the negligence of individual or business, contact St Louis Wrongful Death Lawyer Mark Dean today at 314-872-2120.