What a wrongful death claim is

A wrongful death claim is a lawsuit brought by family after someone dies because of another person’s fault. It could be a crash, a fall, or an unsafe product. The claim exists if the person could have sued had they lived.

Missouri law lists exactly who can bring the claim, in three groups (RSMo § 537.080). A later group can sue only if no one in an earlier group is living.

The three groups

One case for the whole family

Missouri allows only one wrongful death case against each person at fault, for each death. The claim belongs to the whole eligible family, not to each person separately.

Here is what that means for your family (RSMo § 537.095):

• One or more family members can file without the others joining.
• But they must try hard to tell every other family member who has a right to the claim.
• Any settlement needs a judge’s approval.
• The money is for everyone who sued, joined, or had a right to and was properly noticed.
• When a court-appointed person wins, the money is usually split the way an estate would be. The judge can change that if the split would be unfair.

Families do not always agree. A spouse and a parent, or children from different marriages, may each have a stake. Telling everyone early protects the claim for all of you. It also helps avoid fights later about who gets what.

What the family can recover

The jury can award what it finds fair (RSMo § 537.090). It can consider:

• Money the family lost because of the death, and funeral costs.
• The loss of the person’s help, love, company, comfort, guidance and support.
• The pain the person suffered between the injury and death.
• How bad the conduct that caused the death was.

Missouri does not allow money for grief itself. That can feel harsh. But the loss of companionship and guidance can be counted.

The loss is not cut off when a child turns 18. A parent losing an adult child, or a child losing a parent’s guidance into adulthood, can both count.

The law also helps value two kinds of losses. One is the care a stay-at-home parent or caregiver gave. The other is the lost income of a child who died.

Fault and the deadline

The other side can raise any defense it could have raised if the person had lived. That includes arguing the person was partly at fault. See our comparative fault guide.

The clock can pause while the person at fault is out of state and cannot be served. See our deadline guide for more.

Words you may hear

• Wrongful death: a death caused by someone else’s fault, such as carelessness.
• Plaintiff ad litem: a person the court appoints to bring the case when no close family member can.
• Consortium: the love, company and help a family member gave you.
• Court approval: a judge’s sign-off on a settlement before it is final.

First steps for your family

1. List every family member who might be in Group 1. Include children from other relationships and adoptive parents.
2. Gather the death certificate and any crash or incident report.
3. Collect medical records from the final injury.
4. Gather records of the person’s income and role at home.
5. Keep all funeral and burial bills.
6. Talk with a lawyer before anyone signs anything from an insurance company. One family member’s signature can affect everyone.

Our wrongful death page explains how the firm helps families.

Common questions

Related reading

• Wrongful death help in St. Louis
• Missouri statute of limitations for personal injury
• Punitive damages in Missouri
• What to bring to your consultation