Missouri Injury and Death Cases Survive Despite the Death of Either Party

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.

Christopher Dixon

Personal Injury Attorney at The Dixon Injury Firm
Christopher R. Dixon is the managing attorney and founder of The Dixon Injury Firm. The Dixon Injury Firm has helped injury victims recover over $35,000,000 through verdicts, settlements and judgments. Chris is recognized as a Top 100 Trial Lawyer by the National Trial Lawyers Association, and among their Top 40 Under 40 Trial Attorneys. Recognized as a Lifetime Member of Million Dollar Advocates Forum, Chris aggressively fights for those injured through the careless, negligent and intentional conduct of others. Call today for a FREE consultation by calling 314-409-7060 or toll-free 855-402-7274.

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