You did not
see this coming.
Most clients we hear from after a wrongful death are not asking about money. They are asking what happened, why it happened, and whether anyone will be held accountable. A Missouri wrongful death claim under RSMo §537.080 is the legal mechanism for those answers — and for the financial security a family needs to keep moving forward. We carry these cases with the care they deserve. There is no fee unless we recover.
Who can file
under RSMo §537.080.
Missouri's wrongful death statute creates a strict hierarchy of who is entitled to bring the claim. Only one wrongful death suit may be filed for a single death — so the family members in the highest applicable class must coordinate.
Class 1 — Spouse, children, descendants of a deceased child
A surviving spouse may bring the claim alone. Surviving children may join. If a child died before the decedent, their descendants stand in their place.
Class 2 — Parents
If no Class 1 survivors exist, a parent of the deceased (natural or adoptive) may bring the claim. This often arises when an unmarried adult child dies childless.
Class 3 — Siblings, descendants of siblings, or plaintiff ad litem
If no Class 1 or 2 survivors exist, a sibling (or descendants of a deceased sibling) may bring the claim. If no qualifying family member exists, a court can appoint a plaintiff ad litem.
Five categories of damages.
Missouri allows recovery in five buckets. Each requires its own proof — and a careful presentation can substantially affect the verdict.
Pecuniary Loss
Lost wages, lost benefits, lost financial support the decedent would have provided to the family throughout their working life. Often the largest single bucket.
Loss of Companionship
Loss of comfort, instruction, guidance, counsel, training, and support. Missouri allows substantial recovery for these intangible but real losses.
Funeral Expenses
Reasonable funeral and burial costs are fully recoverable.
Medical Bills
Medical expenses incurred between the injury and death — often substantial in cases involving prolonged hospitalization.
Punitive Damages
In cases of egregious conduct — drunk driving causing death, gross negligence, fraud — punitive damages punish the wrongdoer and deter others.
Wrongful death
FAQ.
Questions families ask in the first weeks.
How long do we have to file?
Three years from the date of death under RSMo §537.100. This is shorter than Missouri's general 5-year personal injury statute. If the death involved a government employee or vehicle, notice deadlines can run as short as 90 days.
Is a wrongful death claim the same as a survival action?
No. Wrongful death (RSMo §537.080) compensates the family for THEIR losses. A survival action (RSMo §537.020) is brought by the decedent's estate to recover damages the decedent could have recovered if they had survived — including pre-death pain and suffering. We commonly bring both.
What if my loved one was partly at fault?
Missouri uses pure comparative fault (RSMo §537.765). The decedent's percentage of fault reduces — but never bars — recovery. Even a 90%-at-fault decedent's family can recover 10% of damages.
How long does a wrongful death case take?
Most settle in 12 to 24 months. Cases involving multiple defendants (such as commercial trucking) or those that go to trial can take 24 to 36 months. We never rush — these cases benefit from full investigation.