Section 4.23 Petition for Wrongful Death Damages—Capacity to Sue

• Library: Settling Cases 2014

[Caption]

Class 1, One Beneficiary

Plaintiff brings this action against defendant under the provisions of § 537.080.1(1), RSMo. Plaintiff is the surviving [spouse, child, lineal descendant of a deceased child, parent] of decedent __________. Decedent was not survived by any [spouse, children, lineal descendants of any deceased children, or by his/her father or mother], and plaintiff constitutes the only person entitled to bring this action. [For any group in Class 1 that is nonexistent, this form should be modified to state whether there were ever children and whether the children survived. The same is true with respect to parents.]

Class 1, More Than One Beneficiary, All Joining

Plaintiffs bring this action against defendant under the provisions of § 537.080.1(1), RSMo. Plaintiffs are the surviving [spouse, child/children, lineal descendants of a deceased child, parent(s)] of decedent __________...