Missouri Wrongful Death Law: A Comprehensive Guide to Seeking Compensation

Missouri’s wrongful death laws, which are set by RSMo § 537.080, essentially allow surviving family members of a deceased victim to file a lawsuit against a person or entity whose negligence or wrongdoing caused the fatality. A wrongful death claim seeks to hold the negligent party financially accountable for all the losses brought about by the victim’s death, including economic and non-economic damages. Under RSMo § 537.100, plaintiffs (injured party/family) generally have three years from the date of death to file a wrongful death claim, with exceptions made in certain cases.

While no amount of money can replace this kind of a loss, understanding Missouri’s wrongful death laws is a critical first step that can help protect your family’s rights and future. Below are some key considerations for filing a wrongful death claim in Missouri.

What Qualifies as Wrongful Death in Missouri?

Under Missouri law, a wrongful death occurs when a person dies as a result of an “act, conduct, occurrence, transaction or circumstance” that would have entitled them to recover damages, had they lived. The law is clearly defined in RSMo § 537.080 and generally covers deaths caused by negligence (carelessness), recklessness or intentional misconduct/wrongdoing. In other words, as the victim who could have filed a personal injury lawsuit is deceased, their surviving family members can now pursue a wrongful death claim.

Some of the common wrongful death lawsuits in Missouri stem from car and truck accidents, medical malpractice, defective or dangerous products and workplace accidents, etc. Wrongful death lawsuits are civil actions whose purpose is to compensate surviving family members for their losses.

A wrongful death case does not involve criminal charges and is distinct from a criminal homicide/murder case. While a wrongful death claim is brought by surviving family members seeking financial compensation for the damages and losses caused by the death, criminal homicide or murder charges are brought by the state to punish unlawful conduct. A criminal case typically ends in a guilty or not guilty verdict by a jury with the guilty party facing prison time. In a wrongful death case, a jury would find a defendant liable or not liable, based on the evidence presented during a trial.

Missouri Wrongful Death Statute of Limitations (RSMo § 537.100)

Missouri wrongful death statute of limitations established under RSMo § 537.100 generally requires that a wrongful death lawsuit be filed within a strict time limit, which begins on the date of death. This means surviving family members must take action in a timely manner to protect their rights.

General Rule: RSMo § 537.100 clearly sets this deadline to file at three years from the date of death. It is important to note that the clock starts not from the date of the accident, but from the date of death. If your lawsuit is not filed in three years, your case can be dismissed and you may never be able to file this claim again, even if your case has substantial merit.

What are the Exceptions?

• Medical malpractice: If your loved one died as a result of medical negligence (on the part of a provider or hospital), the deadline to file your lawsuit is two years, under Missouri’s medical malpractice laws. There are very few exceptions to this rule. One example for the exception is when a surgeon leaves a foreign object in a patient’s body and that discovery is not made until later.
• Claims involving governmental agencies: If your wrongful death claim is against a governmental agency such as the state, county or a city, the law requires you to file a notice of claim within 90 days of the victim’s death. If you fail to file within this time, your claim can be permanently barred.
• Tolling is rare in wrongful death claims: Unlike other personal injury cases, the clock rarely pauses for wrongful death claims in Missouri. This means it would be in your best interest to file as soon as possible. 

It is in your best interests in such cases to consult with an experienced Missouri wrongful death lawyer as soon as possible to preserve your rights.

What Damages Can You Recover?

Missouri law allows a jury to award wrongful death damages that are “fair and just” based on the evidence in the case.

Economic Damages

These typically include medical expenses caused by the injury or illness before the victim’s death in addition to funeral and burial costs, lost wages, benefits and other economic contributions the deceased would have reasonably provided to his or her family members over a lifetime.

Non-Economic Damages

These are essentially losses that are not quantifiable. They include loss of consortium, companionship, comfort, instruction, guidance, counsel, training and support, etc. that the victim might have provided to his or her loved ones. These damages recognize the permanent impact that the death has on family relationships and everyday life.

Missouri’s wrongful death law, however, does not allow financial recovery for “grief and bereavement.” While the emotional loss is real, the law limits recovery to the specific categories listed above.

Does Missouri Cap Wrongful Death Damages?

There are no caps that apply in most wrongful death lawsuits such as those that arise from car accidents, truck crashes or premises liability cases, etc. It is usually up to juries to award any amount they view as just. However, in wrongful death cases caused by medical negligence, non-economic damages are capped under Missouri law. For 2024-2025, the cap is about $828,000 or more. This amount is typically subject to annual inflation adjustments.

Seeking Justice for Your Family

Between strict legal deadlines, the hierarchy of who can sue and the “one action rule,” navigating a wrongful death claim without an experienced attorney on your side can be risky. A single misstep can potentially jeopardize your case here. Even small procedural errors like missed deadlines or incomplete damage claims, can result in your case getting dismissed — regardless of how evident the defendant’s negligence is in the case.

An experienced Missouri wrongful death lawyer understands how to maximize your family’s recovery by identifying all available damages, preserving important evidence and ensuring that every legal requirement is met. A skilled attorney will also focus on holding the negligent parties accountable — whether your loss was caused by a reckless driver or unsafe property conditions.

Do not let the 3-year clock run out on your right to justice. Contact our compassionate legal team today for a free consultation to discuss your specific case, understand your options and take that critical first step toward protecting your family’s future.