Section 4.1 Who Is Entitled to Bring a Wrongful Death Action?
| Library | Settling Cases 2014 |
Missouri does not recognize a common-law claim for wrongful death. A wrongful death claim is statutory. Sanders v. Ahmed, 364 S.W.3d 195, 203 (Mo. banc 2012). The claim is separate from the underlying tort that allegedly caused the decedent’s death; it is created at the moment of the decedent’s death, and it vests in certain persons provided for within the statute. Id. at 204; Lawrence v. Beverly Manor, 273 S.W.3d 525, 528–29 (Mo. banc 2009).
The first step in contemplating the settlement of a wrongful death...
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