Personal Injury Law

Missouri Wrongful Death - Do Hospital Bills or Liens of the Decedent Get Paid out of Wrongful Death Settlement or Judgment?

By Benjamin J. Sansone, Esq.

As a St Louis wrongful death lawyer, I have had many cases wherein the decedent has accumulated massive medical bills and the surviving family is worried that they are responsible for those bills. Oftentimes in these situations the bills are sent to collections and they attempt to collect the bills from the family or try to tell them they have to pay the bills out of any proceeds of a Missouri wrongful death lawsuit.

Under Missouri wrongful death law, a certain class of survivors have a cause of action against the negligent party and the medical bills or hospital liens does NOT attach to a wrongful death settlement in Missouri. See Missouri Supreme Court decision in American Family v. Ward, 774 S.W.2d 135 (Mo Banc 1989). Also see Bamberger v Freeman, 299 S.W.3d 684 (Mo App E.D. 2009).

However, if there are medical bills for treatment of the decedent prior to their death and as a result of their injury that ultimately lead to their death and were paid through Federal or State programs, such as Medicare or Medicaid, then payment of at least a portion of the medical bills may be required. But not bills asserted by the hospitals or doctors themselves.

Sample of Wrongful Death cases handled by Sansone Law, llc:

Illinois Defective Product leading to death of factory worker

Jefferson County Missouri wrongful death case arising from reckless driver

Illinois work comp wrongful death - fatal fall from water tower

Full post as published by Missouri Injury Law Blog on December 01, 2010 (boomark / email).