Missouri Amended Complaint for Personal Injury and Wrongful Death

State:
Multi-State
Control #:
US-PI-0300
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample personal injury complaint filed by guests at motel which failed to provide adequate security, thereby permitting unauthorized persons access premises, resulting in the death of one of the plaintiffs and injury to others.

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FAQ

First, the decedent's estate is reimbursed for any costs that it incurred in bringing a wrongful death claim. The remaining proceeds are distributed to the heirs at law. The amount of the proceeds each heir receives is based on the loss sustained by that heir.

537.090. The damages include pecuniary losses suffered by reason of death, funeral expenses, damages suffered by the deceased between the time of injury and death, and the reasonable value of the deceased's consortium, services, companionship, comfort, instruction, guidance, counsel, training, and support.

In Missouri, the wrongful death statute of limitations states that a wrongful death claim must be filed within 3 years of the date of death.

The Missouri wrongful death statute defines a ?wrongful death? as ?the death of a person result[ing] from any act, conduct, occurrence, transaction, or circumstance which, if death had not ensued, would have entitled such person to recover damages.? In short, this means that you may claim damages on behalf of a ...

537.080 and . 095, the Court must approve a wrongful death settlement. Typically, a Motion or Application for Approval of Wrongful Death settlement is filed with the Court. The lawyer and client appear in Court and the lead plaintiff takes the stand to testify to approve the settlement.

The existence of the right of action for death or personal injury that does not result in death shall be sufficient to authorize and to require the appointment of a personal representative for the person liable for such death or injury by the court having probate jurisdiction upon his death upon the written application ...

A party shall plead in response to an amended pleading within the time remaining for response to the original pleading or within ten days after service of the amended pleading, whichever period may be the longer, unless the court otherwise orders.

Under Missouri wrongful death laws, a family can recover a variety of damages such as loss of income; funeral expenses; medical expenses from the last illness or injury; and loss of companionship, service, guidance, and support.

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Missouri Amended Complaint for Personal Injury and Wrongful Death