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May 17 2018

Wrongful Death Lawyer St Louis Missouri

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St Louis Wrongful Death Lawyer

Actions for wrongful death involve any situation where a person has been killed due to actions or inactions of another. In Missouri, wrongful death actions are statutory. A wrongful death is not a survival or transmitted right and does not belong to the deceased. Rather, wrongful death actions are governed by Missouri Revised Statutes Sections 537.080 through 537.100.

Who can sue in a wrongful death action?
Whenever the death of a person results from either the intentional wrongdoing or negligence of another, the person, party, or corporation causing the death is liable to the following class of individuals:
Class One: the spouse or children of the surviving lineal descendants of any deceased children, natural or adopted, legitimate or illegitimate, or by the father or mother of the deceased, natural or adoptive;

Class Two: if no one in class one is entitled to bring a wrongful death action, then the brother or sister of the deceased, or their descendants, can bring a wrongful death action if they can establish their right to those damages as set forth in Missouri Revised Statutes Section 537.090 as a result of a death;

Class Three: if there are no individuals in classes one or two entitled to bring a wrongful death action, then a plaintiff ad litem can bring such suit.

What is a plaintiff ad litem?
A plaintiff ad litem is a person appointed by the court having jurisdiction over a wrongful death action upon application of a person entitled to share in any wrongful death proceeds. A plaintiff ad litem must be a suitable person who is competent to prosecute a wrongful death case and whose appointment is requested on behalf of any persons entitled to share in the proceeds of a wrongful death action.

Can a lower class member sue if a higher class member survives and sues?
No.

If I bring a wrongful death action, do I have to notify other potential class members entitled to sue?
A claimant or plaintiff in a wrongful death action must make a diligent attempt to notify any other persons having a cause of action under the statute.

How much time do I have to sue?
In Missouri, class members typically have 3 years to file suit in circuit court. However, other factors can come into consideration which can lessen your time for filing suit. Therefore, it is critical that individuals wanting to sue not delay.

If I sue along with other class members, what portion am I entitled to receive?
If more that one class member sues, and if agreement cannot be made between the class members on the percentage of recovery they should get, an apportionment hearing will be held before the judge within the circuit that the case is pending. At the apportionment hearing, evidence will be introduced and the judge will issue a ruling determining the percentage of recovery each class member receives.

Contact a Wrongful Death Lawyer in St Louis

If you have lost a loved one and would like additional information on wrongful death claims, please call Ryan R. Cox at 636-946-6886. Mr. Cox can assist you during this most difficult time and he will answer any questions you may have. Ryan R. Cox and Associates has the knowledge, experience, and resources to help you.

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Testimonials

My husband was injured and unable to work. Mr Cox took our case and has walked us through the process and helped us every step of the way. My husband just recently had another surgery and may have to endure more surgery, so our case is still in process. I don’t know how many lawyers would stand alongside a client for years like Ryan has. He has also helped guide us through disability and helped us find amazing colleagues, like Ms Yoffie, that specialize in what we needed. He really went above and beyond.

Mr. Cox handled my son’s case when he was injured in an auto accident. He was compassionate and helpful throughout the entire process. He met with my son and his wife promptly and was only a phone call away any time we needed help with any issue. Mr. Cox made this process go smoothly for my family. The case was settled for more money and in less time than we anticipated. I would not hesitate to recommend his services. A professional man who has your best interests in mind and gets things done. Two thumbs up.

Debra D. Ketsenburg Schwer

Ryan helped my wife and I after we were injured by an uninsured motorist. I was very concerned that my wife, and I would have to pay our medical bills, caused by someone else. Ryan took our case, and we were compensated for our losses. We have since recommended Ryan to a friend of mine, and Ryan has helped them as well. I am sorry for your loss if you need to call Ryan, but he will make things better.

I had a slip and fall accident. I had a hard time trying to get an attorney to take my case since it was not a major accident. And Mr. Cox took it on. He was always updating me on the case and was very prompt in returning any of my calls. And in less than a year we had reached a settlement. I would highly recommend Ryan R. Cox for your attorney.

Ryan is the best of the best, I would recommend his firm to anyone and everyone who needs his expertise. His professionalism and legal knowledge is beyond compare.


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