What happens if someone is pursuing a Missouri personal injury case, or a Missouri wrongful death case, and either party to the case passes away during the process? Under section 537.020(1) of the Missouri Revised Statutes, an action for personal injury or death survives regardless of the death of either the victim or the negligent party. In the event of the death of either party during the cause action, RSMo. §537.020 (1) states:
“. . . such cause of action shall survive to the personal representative of such injured party, and against the person, receiver or corporation liable for such injuries and his legal representatives, and the liability and the measure of damages shall be the same as if such death or deaths had not occurred.”
Missouri law protects the estate of those who pass while their injury case is pending. In addition, Missouri law continues to hold the receiver or corporation liable for the conduct of the negligent party after their death. Missouri wrongful death lawyers can help to ensure your claim is properly handled in the event of an untimely death while a claim or lawsuit is pending.