Bereaved Rights

State wrongful death guide

Missouri Wrongful Death Law Guide

In Missouri, the surviving spouse or child can sue for wrongful death. Survivors may recover financial losses and loss of consortium, and the decedent’s own pain and suffering up to death.

Quick facts for Missouri

  • Who can file: Wrongful death suits may be brought by the surviving spouse or children of the deceased. If none survive, the parents may sue. If no spouse, children, or parents survive, the action may be brought by siblings (or their descendants).
  • Deadline to file: Generally 5 years from date of death (subject to exceptions)
  • Key statute: Mo. Rev. Stat. §§ 537.080–537.090 (2024)

Types of compensation families may pursue

  • Economic losses: lost income, support, and funeral expenses
  • Loss of services, consortium, comfort, and companionship
  • Decedent’s pain and suffering (in a survival claim)

No general cap on wrongful death damages. (For medical malpractice deaths, noneconomic damages are capped at ~$700K.)

Missouri Wrongful Death Laws

Missouri law allows a wrongful death lawsuit when someone dies due to another’s wrongful act or negligence. The people entitled to sue are the decedent’s spouse or children (including adopted children). If there is no surviving spouse or child, then the parents of the deceased may sue. If none of those relatives exists, then a brother, sister, or their descendants may bring the action. Only one action may be brought per defendant for each death.

Recoverable Damages

In Missouri, juries may award “fair and just” damages for the losses caused by the death. This typically includes:

  • Pecuniary losses: Lost wages and support the deceased would have provided, plus funeral expenses.
  • Loss of consortium/companionship: The value of guidance, care, comfort, and companionship survivors have lost.
  • Decedent’s pain and suffering: Any medical bills or pain the deceased endured before dying (as part of the survival claim).

Missouri law does not allow recovery purely for bereavement or grief. Damages for survivors’ emotional pain are limited to what is included in the categories above.

Damage Caps

Generally, Missouri has no cap on wrongful death damages (economic or noneconomic). Exception: In medical malpractice wrongful death cases, noneconomic damages are capped (currently around $700,000, adjusted annually). Punitive damages can be awarded, but only if there is clear and convincing proof of intentional or malicious conduct.

Time Limit

You must file a wrongful death lawsuit within Missouri’s statute of limitations (typically 5 years from the date of death). In some circumstances (such as injuries concealed or involving minors), a shorter limit may apply, so it’s best to check with an attorney.

Common Examples

Wrongful death claims in Missouri often arise from car accidents, medical errors (doctor or hospital negligence), workplace fatalities, defective products, and violent crimes. In each case, if negligence or wrongdoing led to death, survivors may have a claim under these rules.

Common questions about wrongful death

These answers are general information only and are not legal advice. Laws can change, and how they apply depends on your specific situation.

Who can file a wrongful death lawsuit in Missouri? +

Missouri law uses a tiered system to determine who may file a wrongful death lawsuit. **Class 1 beneficiaries** have the highest priority and include the surviving spouse, children (including adopted children), lineal descendants of deceased children, and the parents of the decedent. If any Class 1 beneficiaries exist, they are the ones who may bring the action. If there are no Class 1 beneficiaries, **Class 2 beneficiaries**—the siblings of the decedent or their descendants—may file the lawsuit. If neither Class 1 nor Class 2 beneficiaries exist, the court may appoint a **plaintiff ad litem** to pursue the case on behalf of those entitled to recover. Missouri does not require the personal representative to file the action unless a plaintiff ad litem is needed. This structure ensures the right people are represented and avoids competing lawsuits. This answer is informational only and not legal advice.

What damages are available in a Missouri wrongful death case? +

Missouri allows families to recover several forms of economic and noneconomic damages in a wrongful death lawsuit. **Economic damages** may include: - Medical expenses related to the fatal injury or illness - Funeral and burial expenses - Loss of the decedent’s income, financial support, and benefits - Loss of household services and contributions **Noneconomic damages** may include: - Loss of companionship, comfort, guidance, and consortium - Loss of parental care and instruction for children - The value of the decedent’s support in family life The **estate** may also recover for the decedent’s pain and suffering and certain financial losses between the time of injury and death. Missouri generally does **not** cap wrongful death damages, except in medical malpractice cases, where noneconomic damages—including those in wrongful death actions—are subject to statutory limits. This answer is informational only and not legal advice.

How long do I have to file a wrongful death lawsuit in Missouri? +

Most Missouri wrongful death lawsuits must be filed **within three years of the date of death**, as required by RSMo § 537.100. Filing later than three years almost always results in the case being dismissed, regardless of the circumstances. Exceptions are rare and generally tied to highly specific statutory situations. Claims involving government defendants may also require additional notice or procedural steps. Because this deadline is firm and non-extendable in most cases, families are encouraged to seek legal guidance early to avoid losing the right to bring a claim. This answer is informational only and not legal advice.