Who Can Bring a Claim for a Family Member’s Wrongful Death in Missouri?

About the Author

Ethan Charles (“EC”) Duckworth is the founding attorney of Duckworth Injury Law. EC earned his law degree from the University of Missouri - Columbia, where he graduated in the top 10 of his class and served as an Editor of the Missouri Law Review. EC currently serves as a member of the Missouri Association of Trial Attorneys (MATA) and is a graduate of the Ross T. Roberts Trial Academy. EC has represented hundreds of injury victims throughout his career, resulting in tens of millions of dollars in compensation recovered. Notably, EC obtained a $973,000 jury verdict for a contested liability wrongful death claim in Missouri. Follow EC Duckworth on LinkedIn.

If You Lose a Loved One in an Accident, You Need a Wrongful Death Attorney Who Understands Missouri Unlawful Death Statutes

If you have tragically lost a loved one due to the negligence of another person or entity in a car, truck, motorcycle, boat, or premises liability accident in Missouri, you’re likely wondering who in your family is permitted to bring a wrongful death claim on their behalf. In Missouri, wrongful death claims are governed by statute, which, among other things, outlines which individuals are entitled to bring a wrongful death claim. 

Who Can Bring a Wrongful Death Claim in Missouri?

Missouri law establishes a tiered class system that determines which family members are permitted to bring a wrongful death claim. See RSMo. § 537.080. 

The first class entitled to bring a wrongful death claim is the spouse, children (or surviving descendants of any deceased children), and parents of the decedent (i.e., the individual who died). Any member of this first class is permitted to initiate a wrongful death claim, although proper notice must be provided to the other members of the class prior to settlement of the claim. If there are no members in the first class entitled to bring the wrongful death claim, then the second-class members are permitted to pursue the claim. 

The second class includes the siblings of the decedent (or the nieces/nephews of the decedent, if a sibling has passed away). If there are no members in the second class entitled to bring the wrongful death claim, then the court may appoint a “plaintiff ad litem” to pursue the claim. A plaintiff ad litem is typically someone with the next closest relationship with the decedent, who does not fall into the first or second classes. 

It's important to note that a wrongful death claim in Missouri is held by those individuals entitled to share in the proceeds of the action (outlined above) and not the decedent’s estate. It should also be noted that if an individual is a member of a class permitted to bring the wrongful death case, he or she does not need permission to initiate the case. However, he/she will have to provide proper notice to the other parties of the claim, and the court will ultimately determine how the money is distributed amongst the class members.

How Long Do I Have to Pursue a Wrongful Death Claim in Missouri? 

The general rule in Missouri is that the family members entitled to bring a wrongful death claim have three (3) years to file such a case or else they will be forever barred from thereafter bringing such a claim. See RSMo. § 537.100. This period is known as the statute of limitations (SOL) for wrongful death claims in Missouri. For purposes of calculating this 3-year SOL, the court looks to the date of death rather than the date of the accident. 

Note: While this three-year deadline applies to the time the case must be filed, it does not apply to the time the case must be resolved. For example, if a loved one experiences a wrongful death on December 1, 2025, the family has until December 1, 2028, to file a lawsuit on such a claim. Once the lawsuit is filed prior to the December 1, 2028 statute of limitations, there is then no deadline as to when the case must be resolved. 

What Damages are Recoverable in a Missouri Wrongful Death Claim? 

Recoverable damages in a Missouri wrongful death claim are also governed by statute. RSMo. § 537.090 states that a jury may award damages for the following:

• Funeral expenses
• Pecuniary (financial) loss provided to the family
• Loss of services provided to the family
• Loss of consortium provided to the family
• Loss of comfort provided to the family
• Loss of instruction provided to the family
• Loss of guidance provided to the family
• Loss of counsel provided to the family
• Loss of training provided to the family
• Loss of support provided to the family

In addition to those categories outlined above, the jury may also award damages for the decedent’s medical bills, pain, suffering, and loss of enjoyment of life experienced from the moment of the accident until their subsequent death. 

Note: If a decedent was not employed full time and was at least fifty percent responsible for the care of at least one minor, disabled person, or person over 65-years-old, there is a rebuttable presumption that the value of the care provided is equal to 110% of the state average weekly wage.

Further, if the decedent is under 18-years-old, there is a rebuttable presumption that the financial loss of the decedent child is calculated using the average income of the decedent child’s parents.

Can I Recover for the Bereavement, Grief, or Sadness I Feel in Losing a Family Member?

In Missouri, a jury may not award damages/compensation for grief, bereavement, or sadness caused to the family as a result of the death of a loved one. The damages awarded must fall into one of the categories outlined above under RSMo. § 537.090 .

Is There a Cap on Damages or Compensation for Wrongful Death Claims in Missouri? 

There is generally no cap on the damages that a jury can award in a wrongful death case in Missouri. 

The biggest exception to this general rule is for a medical malpractice incident that results in wrongful death. For medical malpractice claims resulting in death, Missouri caps the non-economic damages that can be recovered at $828,529 for claims arising in 2025. See RSMo. § 538.210. Non-economic damages are compensation for losses that lack a direct financial value, like pain and suffering, loss of comfort, loss of consortium, etc. While Missouri caps non-economic damages in medical malpractice claims, there is no cap on economic damages (medical bills, lost wages, etc.).

Seek an Unlawful Death Laywer in Missouri Who Brings Experience & Proven Results to Your Case

If your loved one was killed due to the negligence of another in mid-Missouri, you need a local personal injury lawyer who understands Missouri’s complex wrongful death laws, and who has experience litigating wrongful death cases. Whether the accident occurred due to a car accident in Columbia, MO, a motorcycle crash in Jefferson City, or a boating accident at the Lake of the Ozarks, EC Duckworth takes pride in representing mid-Missouri families who need it the most. 

Duckworth Injury Law is here to help mid-Missouri families recover the compensation they deserve following the tragic wrongful death of a family member. Attorney EC Duckworth has handled numerous wrongful death cases, having obtained millions of dollars for the families of accident victims, and is not afraid to take your wrongful death case to trial if necessary. Call us today for a free consultation on your Missouri wrongful death case.