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Missouri Survival Law A survival action is a claim that a loved one can file in conjunction with wrongful death. It is always recommended that a survival action claim be filed with wrongful death because it is the only claim that can recover punitive damages in this type of case.
The degree of relationship between a certain plaintiff and the deceased determines what share of damages that plaintiff will receive. Under RSMo. 537.080, the class with first priority to sue includes the deceased's spouse, children, surviving lineal descendants of any deceased children, and the deceased's parents.
You do not have to prove wrongful death beyond a reasonable doubt. Instead, you must prove it is at least 51 percent likely the death was wrongful; this burden of proof is called the ?preponderance of the evidence.?
While nothing can bring back their loved one, filing a wrongful death lawsuit can help the family members recover damages for their losses. In Missouri, there aren't any limits on the amount of damages that can be recovered in a wrongful death lawsuit, unless that lawsuit arises out of medical malpractice.
Missouri has specific rules regarding who is allowed to file a wrongful death lawsuit in the state's civil courts. First in line to bring such a claim are the deceased person's surviving spouse, parents, children, or, if the children are deceased, the children's descendants.
If you have a loved one who passed away as a result of an injury or accident that involved the misconduct or negligence of a company or individual, you may be able to file a wrongful death lawsuit against those who were responsible for your loved one's death.
Wrongful death happens when somebody is killed because of another person or entity's negligence or misconduct. Although there may be a criminal prosecution related to the fatality, a wrongful death lawsuit is a civil action that is separate and distinct from any criminal charges.