Section 14.8 Requirements for Settling or Trying the Action

• Library: Tort Law 2016

(§14.8) Requirements for Settling or Trying the Action

Parr v. Parr, 16 S.W.3d 332 (Mo. banc 2000), clarified what technical steps should be taken when completing a wrongful death settlement. First, the main claimant is the one to distribute the moneys—not the court and not the defendant. Therefore, the settlement check should be made payable to the claimant and the claimant’s attorney only. Parr also illustrated that the surviving spouse is generally entitled to the majority portion of any settlement if...