Section 4.5 Identifying and Notifying All Beneficiaries

• Library: Settling Cases 2014

Once an attorney has determined that a beneficiary is entitled to bring a wrongful death claim, the next step is to determine the identity of all the other persons who are beneficiaries under § 537.080, RSMo 2000. If the person is in class 1 or class 2, all the persons in the same class as that beneficiary are potential beneficiaries, and all will have an unconditional right to intervene in the action. Martin v. Busch, 360 S.W.3d 854 (Mo. App. E.D. 2011).

When identifying beneficiaries, counsel should remember that courts have tended to interpret § 537.080 in a light that broadly grants the greatest number of beneficiaries the right to seek compensation for the death of a relative. Denton v. Soonattrukal, 149 S.W.3d 517, 522 (Mo. App. S.D. 2004). So, for example, an...