When a loved one has died, it is a devastating event that throws the emotional and financial lives of the survivors into chaos. It may be difficult to know what legal rights that a surviving family member has and when a person can seek justice through the court system. Although it may seem a little confusing upon first review, Missouri does have a clearly established hierarchy of when people can seek relief.
There is a tiered classification system of individuals who may pursue a wrongful death action based upon what level into which they fall and whether there is anyone in the higher tiers. Although this sounds complicated, it is rather straightforward. The class orders in which a person may legally maintain a wrongful death action are:
- Tier 1 – The spouse or children of the victim or the lineal descendants of the victim’s children who have predeceased the accident victim (these would be the grandchildren or great-grandchildren of the victim). The children who may maintain a legal action may be adopted or natural and do not have to be legitimate. The parents of the victim also may bring a wrongful death case. However, it is important to remember that there may only be one lawsuit.
- Tier 2 – If there are no members of the Tier 1 classification, then the siblings of the accident victim may bring a wrongful death action if they are able to establish an entitlement to damages pursuant to Missouri Revised Statutes 537.090, which looks at expenses that the individuals may have incurred as a result of the death, along with the nature and extent of the relationship between the person seeking to bring the action and the decedent.
- Tier 3 – If there are no eligible individuals in the Tier 1 or Tier 2 classifications, then the court may appoint a plaintiff ad litem, who will have the authority to bring a wrongful death action. This step is taken when an application has been made to the court by a person who would have a right to a portion of any proceeds recovered in a wrongful death action. The plaintiff ad litem is charged with pursuing the legal action in a fair and competent manner. Some courts will require a bond to ensure that the plaintiff ad litem performs his role in the appropriate manner. A person who may apply to the court for an appointment of a plaintiff ad litem includes cousins or more removed relatives who would inherit under a will or Missouri’s laws relating to intestacy, when a person dies without a will.
Under the current laws, stepchildren are not a part of the Tier 1 classification, which may lead to injustice under certain circumstances. To correct this to the extent possible, Missouri courts may apply a legal doctrine known as equitable adoption under certain circumstances. This device sets up a designation where the stepchild is deemed to have been adopted prior to the death of the accident victim, which creates legal grounds for a dependent stepchild to maintain a legal death action. Although this does allow some otherwise ineligible individuals to bring a wrongful death action, it does not create a legal status that is equal to legal adoption. The judge also may decide not to allow an equitable adoption designation if there is insufficient evidence to show that the dependent stepchild would suffer from a serious financial detriment if not permitted to pursue the case.
Losing someone you love in an accident can be devastating. It is hard to think about bringing a legal action when you are trying to deal with the aftermath of the death. However, it is important to get compassionate and knowledgeable wrongful death attorneys fighting for your rights as soon as possible. At Hubbard & Kurtz, LLP, our team of Missouri Personal Injury Attorneys understands that you need to focus on your family, so we are ready to represent your interests and get the compensation that you deserve. To schedule a time to learn about how we can help you through this terrible time, please call us at (877) 535-1163.
