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THE DEFINITION AND RULES REGARDING WRONGFUL DEATH IN MEXICO, MISSOURI

Thomas Mingus Oct. 16, 2014

When a person dies as the result of the actions, inactions, or negligence of someone else or on the part of a business, it is considered a case of wrongful death in Mexico, Missouri. Wrongful death is a specific legal term — certainly, all deaths are in some sense wrongful, but not all are actionable against other parties.

Wrongful death in Mexico, Missouri is defined as a death that is the direct result of actions or negligence that would have resulted in damages if the victim had lived. Thus it is often compared with personal injury claims: Wrongful death is a personal injury claim where the deceased cannot press a claim, and so their representatives must.

The Hierarchy of Wrongful Death Claimants in Mexico, Missouri

The question of who can bring a wrongful death claim against an entity is well-defined under Missouri law:

  • Surviving spouses, children, grandchildren, or parents of the deceased

  • Surviving siblings

  • A representative of the deceased’s estate

  • Court-appointed representative requested by someone who would share in the proceeds of a successful claim

Note that if the superior claimants choose not to pursue a lawsuit, the inferior claimants cannot do so.

Damages in Wrongful Death Suits

A variety of damages can be sought in a wrongful death suit:

  • Medical bills

  • Funeral expenses

  • Pain and suffering compensation

  • The value of lost wages and earnings the deceased would have earned if they had lived

  • A value assigned to the services the deceased would have provided to family members in terms of companionship, comfort, advice, and guidance.

It is difficult to assign monetary values to some of these categories. An experienced attorney can help calculate these numbers. It is never an easy calculation to make but expert help can make the process simpler.

Filed Under: Wrongful Death