Legal Question in Personal Injury in Missouri

Mesothelioma Wrongful Death Suit

My father-in-law filed a personal injury suit. He died 3 months later of Mesothelioma. Now his spouse is named as the only Plaintiff(listed only individually, not as representative of the estate) on the wrongful death suit. I understand that the adult children can be a part of the settlement. My question is..Do they have to join the suit as Plaintiffs or are they automatically included on the spouse's suit and whatever settlement she agrees on they receive a portion of?

Asked on 3/26/04, 4:33 pm

1 Answer from Attorneys

Spencer Farris The S.E. Farris Law Firm

Re: Mesothelioma Wrongful Death Suit

I am sorry to learn of your loss. If the suit was filed in Missouri, nothing needs to be done to add plaintiffs. If there is a settlement or judgment, all those entitled to take part in the funds will be considered by the court, and the Judge will decide who gets what monies.

However, a substitution of parties needs to take place, as the death suit in Missouri belongs to the survivors, not the estate.

As an important side note, asbestos exposure and Mesothelioma law suits are highly specialized areas of the law, and require attorneys with experience in handling those cases. If you wish to discuss this matter further, please contact me without cost or obligation.

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Answered on 3/26/04, 4:46 pm

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