Wrongful death is, in technical terms, a creature of statute. Unlike a personal injury claim that the injured person may bring at common law, a wrongful death action did not exist at the old common law and exists today only because the legislature created it. Missouri's wrongful death statute, codified at RSMo §537.080 through §537.100, defines exactly who may bring the claim, what may be recovered, and when the claim must be filed.
This article walks through those three questions — who, what, and when — for Missouri families who have lost a loved one to another's wrongful conduct.
Who may sue: the §537.080 hierarchy
Missouri's wrongful death statute creates a tiered hierarchy of who is entitled to bring the action. Only one tier sues at a time, and the higher tier excludes the lower:
"Whenever the death of a person results from any act, conduct, occurrence, transaction, or circumstance which, if death had not ensued, would have entitled such person to recover damages in respect thereof, the person or party who, or the corporation which, would have been liable if death had not ensued shall be liable in an action for damages . . ." — RSMo §537.080.1
The statute then sets out the order of standing:
- Class one — spouse, children, surviving lineal descendants of any deceased children, or parents. Any class-one survivor may bring the action and represent all class-one survivors.
- Class two — siblings or their descendants. Reached only if no class-one survivors exist.
- Class three — a court-appointed plaintiff ad litem. Reached only if no class-one or class-two survivors exist.
Important consequence: only one wrongful death suit per decedent. All eligible survivors share in any recovery, with the court allocating among them based on their losses. A spouse cannot file separately from the children, and neither can the parents file separately. The class is unified.
What is recoverable: the §537.090 categories
RSMo §537.090 sets out the damages available in a Missouri wrongful death case. The statute is broader than many people assume. Recoverable damages fall into several categories:
Economic damages
The financial losses to the survivors. These include:
- Lost financial support. The income the decedent would reasonably have contributed to the survivors over the remainder of their working life. Calculated by an economist, projected to retirement age, and reduced to present value.
- Lost services. The reasonable value of household and other services the decedent would have provided — childcare, home maintenance, eldercare. This category is often substantial and is regularly underestimated.
- Funeral and burial expenses. Reasonable costs.
- Medical expenses related to the final injury. The bills incurred between the wrongful act and death.
Noneconomic damages
Compensation for the survivors' loss that does not have a market price:
- Loss of consortium, comfort, instruction, guidance, counsel, training, and support. The relational losses — companionship for a spouse, parenting for children, parental support for adult children of a deceased parent. Missouri juries are explicitly permitted to consider all of these.
- The pain and suffering of the deceased between injury and death. If the decedent survived for a period before dying — minutes, hours, days — the conscious pain and suffering during that interval is compensable. This category does not exist when death is instantaneous.
Aggravating circumstance damages
Missouri allows what other states call "punitive" damages in wrongful death actions, under the label "damages for aggravating circumstances." Available where the defendant's conduct was particularly egregious — drunk driving, deliberate misconduct, gross negligence. Aggravating circumstances damages are intended to punish and deter rather than to compensate.
Missouri does not generally cap wrongful death damages in standard cases. The cap on noneconomic damages was struck down by the Missouri Supreme Court in Watts v. Lester E. Cox Medical Centers, 376 S.W.3d 633 (Mo. banc 2012). Caps still apply in medical malpractice cases under RSMo §538.210.
When the case must be filed: the three-year SOL
Missouri's wrongful death statute of limitations is found in RSMo §537.100:
"Every action instituted under section 537.080 shall be commenced within three years after the cause of action shall accrue."
Three years from the date of death. This is shorter than the five-year general personal injury SOL under RSMo §516.120 — and many people miss this difference. If a Missouri family loses a loved one in a car crash, they have three years to file a wrongful death action, not five.
A handful of practical points about the deadline:
- The clock runs from death, not from the wrongful act. If the decedent lived for six months after the injury and then died, the clock starts at death.
- Tolling is rare. Unlike some statutes, the §537.100 SOL is generally not tolled for minor children. If the children are the only survivors, the case still must be filed within three years.
- Notice deadlines may be shorter. Claims against governmental entities often require formal notice within 90 days under sovereign immunity provisions. Missing this notice can defeat a claim that is otherwise within the three-year SOL.
How damages get allocated among survivors
When a wrongful death case settles or is decided, the recovery does not automatically divide equally among the eligible survivors. Missouri courts apportion the proceeds based on the actual losses to each survivor, considering factors like financial dependence, relationship closeness, and age. Adult children of a deceased parent generally receive less than the surviving spouse; minor children frequently receive substantial amounts.
The apportionment is approved by the court and is one of the more sensitive parts of representing a family. Done well, it reflects the reality of what each survivor actually lost.
Who pays
As with any tort case, the practical recovery is constrained by available insurance and assets. Missouri's minimum auto liability is $25,000 per person — wholly inadequate in a wrongful death case. Often the recovery comes from a combination of:
- The at-fault driver's liability coverage.
- Any commercial coverage if the at-fault driver was working (delivery driver, trucker, rideshare).
- The decedent's own underinsured motorist (UIM) coverage. We have written separately about why UM and UIM coverage matters so much.
- Third-party defendants — bars under Missouri's dram shop statute (RSMo §537.053), employers under respondeat superior, premises owners.
A skilled lawyer's job is to identify every available source of coverage and to develop the case so that those sources pay full value. For more on Missouri injury practice, see our wrongful death practice page, our comparative fault article, and our piece on how medical bills get paid.
This article is general legal information for Missouri residents. It is not legal advice. Missouri law changes regularly — statutes are amended, case law evolves, and the application of any rule depends on the specific facts of each case. Do not act, or refrain from acting, based on this article without consulting a qualified Missouri attorney about your particular situation. Reading this article does not create an attorney-client relationship. For advice on your specific case, contact David Naumann & Associates at (314) 831-9350. The initial consultation is free. See the full Legal Disclaimer for complete terms.