What Compensation Can Families Receive in a Missouri Wrongful Death Case?
Missouri families can recover both economic and non-economic wrongful death damages. These include funeral and burial costs, lost financial support, the value of lost household services, and the loss of a loved one's companionship, guidance, and consortium.
Losing someone you love because of another party's negligence changes everything, and a legal claim can feel like the last thing you have energy for. Understanding wrongful death damages in Missouri can still help your family protect its future, and it can help you seek accountability.
Our St. Louis personal injury attorneys created this guide to explain what compensation Missouri law allows for a wrongful death, and how those losses are measured. This guide is for families in St. Louis and across Missouri who want to understand their options before they make any decisions.
At Powell Law Firm, we believe recovering compensation is never about getting even. It is about justice, dignity, and giving your family the resources to move forward.
Key Takeaways about Wrongful Death Damages in Missouri
- Missouri wrongful death damages fall into two main groups, economic losses and non-economic losses.
- Economic damages include funeral expenses, lost financial support, and the value of household services.
- Non-economic damages cover loss of companionship, consortium, comfort, and guidance.
- Missouri law under RSMo 537.080 sets a strict order for which family members may file a claim.
- A Missouri wrongful death claim generally must be filed within three years of the date of death.
Who Can File a Wrongful Death Claim in Missouri?
Under Missouri law, only certain family members may bring a wrongful death claim, and the statute sets a firm order. RSMo 537.080 creates a three-tier system that decides who has the legal right to file.
- First, the spouse, the children, the surviving descendants of any deceased children, and the parents of the person who died.
- Second, if no one in the first group exists, the deceased's siblings or their descendants.
- Third, if no one in the first two groups exists, a plaintiff ad litem appointed by the court.
Only one wrongful death action may be filed against each responsible party, so coordination among family members matters.
The St. Louis region spans both Missouri and Illinois, and each state has its own rules, so the state where your loved one died determines which law applies to your claim.
What Accidents Commonly Lead to Wrongful Death Claims?
Fatal injuries often stem from preventable harm that a careful party could have avoided. The specific facts differ, but the loss to a family is always profound.
Many Missouri wrongful death claims grow out of fatal car accidents, truck crashes, motorcycle and pedestrian collisions, nursing home neglect, and dangerous property conditions.
Whatever the cause, the goal stays the same: to hold the responsible party accountable and to secure the resources your family needs.
What Economic Wrongful Death Damages Are Available?
Economic wrongful death damages cover the measurable financial losses your family faces after a death. Under RSMo 537.090, these losses can include several clear categories.
The primary purpose of these damages is to keep a sudden loss from becoming a financial crisis for the people left behind.
- Funeral and burial expenses, a recoverable part of a wrongful death claim that covers the service, the casket or cremation, and related costs.
- Lost financial support, meaning the income your loved one would reasonably have contributed to the family over a lifetime.
- Lost household services, such as childcare, home maintenance, and caregiving, which often carry real value.
- Medical bills your loved one incurred between the injury and the time of death.
Professionals like economists frequently project these figures over time, and they reduce future losses to present value, so the full financial picture is presented clearly to a jury.
Loss of Companionship and Other Non-Economic Damages
Non-economic wrongful death damages compensate for losses that carry no price tag, yet shape your family's daily life. They are often the most deeply felt part of a case.
Missouri law recognizes loss of companionship damages, along with consortium, comfort, instruction, guidance, counsel, training, and support that your loved one provided.
For a surviving spouse, this includes the partnership and shared life a marriage represents, and for children, it includes a parent's guidance and care.
Missouri does not cap non-economic damages in standard wrongful death cases, though separate limits can apply in cases that involve medical malpractice.
In our work, we know a serious loss reaches far beyond finances. It touches a family's identity, its routines, and its sense of security, so we work to show the full human weight of what was taken.
What Losses Are Not Recoverable, and What About Aggravating Circumstances?
Missouri law allows broad recovery, and it also draws a few clear lines. Surviving family members cannot recover separately for grief or bereavement, even though that pain is very real.
The court or jury may award damages for what your loved one suffered between the injury and death, which is often called survival-type recovery. In certain cases, damages for aggravating circumstances may apply when the conduct showed a conscious disregard for the safety of others.
How Are Wrongful Death Damages Valued in Missouri?
Valuing wrongful death damages in Missouri takes careful documentation, and it often involves outside professionals. No two families reach the same result, because no two losses are the same.
Economists can project lost earnings and reduce them to present value, while life-care planners can estimate the value of the services your loved one provided.
We also document what we call lifestyle impact, the real, everyday losses a family feels, so a jury can understand the true scope of the harm.
We are not a settlement factory. When a case calls for it, we prepare it to move toward trial, because that readiness is often what leads to a fair result.
Guided by our belief in justice with dignity, we serve families across the St. Louis region, including Spanish-speaking families, because being heard in your own language is part of being treated with respect.
FAQs about Wrongful Death Damages in Missouri
Here are answers to common questions families ask us about wrongful death damages in Missouri.
How long do I have to file a wrongful death claim in Missouri?
Most Missouri wrongful death claims must be filed within three years of the date of death under RSMo 537.100. Missing this deadline can end a claim before it begins, so it helps to talk with a lawyer early.
Can more than one family member share in the recovery?
Yes. Missouri uses an apportionment hearing, where a judge reviews the wrongful death settlement or verdict, and then decides how the proceeds are divided among those entitled to share.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim compensates the family for their own losses, while survival-type recovery addresses what the person endured between the injury and death. Both can be part of the same case in Missouri.
Does it cost anything to talk with a lawyer about a wrongful death claim?
No. We offer free consultations, and we work on a contingency basis, which means there are no upfront costs, and no fee unless we recover compensation for you.
Can our family still recover if our loved one was partly at fault?
Possibly. Missouri follows a comparative fault approach, so a recovery may be reduced by the percentage of fault assigned to your loved one, rather than barred entirely.
Are punitive-type damages ever available in a Missouri wrongful death case?
Sometimes. Damages for aggravating circumstances may be available when the evidence shows the responsible party acted with a conscious disregard for the safety of others.
Talk With Our St. Louis Wrongful Death Team Today
You do not have to carry this burden alone. If your family is facing the loss of a loved one, a St. Louis wrongful death lawyer from Powell Law Firm can review your situation, explain your options, and handle the legal work, so you can focus on healing.
Call us today at (314) 293-3777 for a free consultation, and let our team stand in the gap for your family with the care and dignity you deserve.