Missouri Wrongful Death Laws (2026): Deadlines

When a person in Missouri dies because of another party's negligence or wrongful act, state law lets certain survivors pursue a wrongful death claim. Missouri's approach is organized around tiered classes of who may sue, set out in Section 537.080 of the Revised Statutes of Missouri, with a firm three-year deadline. This guide explains how those rules work in plain language. It is general information and attorney advertising, not legal advice, and reading it does not create an attorney-client relationship.

The deadline to file in Missouri

Missouri sets the wrongful death deadline in Section 537.100. An action under the wrongful death statute must be commenced within three years after the cause of action accrues. In the typical case, that period is measured from the date of death. The statute also recognizes limited situations that can affect the running of the time, such as a defendant's absence from the state or the ability to refile within one year after certain nonsuits or reversals.

Missing the deadline almost always ends the case. Claims involving a government entity can carry their own separate notice requirements, so a family considering a claim against a public defendant should act quickly. The accrual date and exceptions can be subtle, so get a free consultation from a Missouri wrongful death lawyer to confirm the exact deadline early (attorney advertising).

Who can file a wrongful death claim in Missouri

Section 537.080 decides standing through a system of classes, and only one class can sue at a time. Class one is the spouse, the children, the surviving lineal descendants of any deceased children, or the parents of the deceased person. Any member of class one may bring the action, and one class-one member can represent all of them. If there is no one in class one, then class two may sue: the brothers and sisters of the deceased person, or their descendants. If there is no one in class one or class two, the court may appoint a plaintiff ad litem, on application of a person entitled to share in the proceeds, to bring the claim as class three.

The statute also limits the family to one action: only one wrongful death suit may be brought against any one defendant for the death of any one person. This consolidates the family's claim so that the eligible class pursues a single case rather than competing lawsuits.

Wrongful death versus a survival action

Missouri keeps two distinct claims, and the line between them is narrower than it first looks. The wrongful death claim under Section 537.080 compensates the eligible survivors for their own losses caused by the death. The survival statute, Section 537.020, is written for a different situation: its subsection 1 covers causes of action for personal injuries "other than those resulting in death," which do not abate at death but survive to the personal representative. That describes a person who held a claim for an injury and then died of some other cause.

Where the injury is what caused the death, there is no separate survival claim to bring instead, and no choice between the two for a family to make. The deceased person's own pre-death damages are recovered inside the wrongful death action, because Section 537.090 lets the trier of the facts award the damages the deceased suffered between the time of injury and the time of death. So the survivors' losses and the deceased person's own suffering before death are pursued in the same single case.

Damages you can recover

Section 537.090 directs the jury to award such damages as it deems fair and just for the death, having regard to the pecuniary losses suffered, plus funeral expenses and the reasonable value of the services, consortium, companionship, comfort, instruction, guidance, counsel, training, and support the deceased person would have provided. This reaches both the financial side of the loss and the relational side, so loss of companionship and guidance is compensable, framed within the statutory list rather than as a separate grief award.

The same section adds that the trier of the facts may award such damages as the deceased may have suffered between the time of injury and the time of death, and for which the deceased could have sued had death not followed. That is where pre-death pain and suffering is recovered in Missouri, inside the wrongful death case rather than through a separate suit.

Missouri draws one clear line: damages for grief and bereavement by reason of the death are not recoverable. The statute also lets the jury consider mitigating or aggravating circumstances attending the death. Where the deceased person was a parent of a minor child or otherwise filled a caregiving role, the statute supplies presumptions that help in valuing the loss.

Caps on damages

There is no general statutory cap on compensatory wrongful death damages in Missouri. The recovery is measured by the fair and just amount the jury finds under the statutory factors.

Medical negligence is the exception most families run into. Section 538.210 provides that in an action against a health care provider for a death arising out of the rendering of or the failure to render health care services, no plaintiff may recover more than $700,000 for noneconomic damages, no matter how many defendants are sued. That figure is a base amount: the statute increases the limits by 1.7 percent on January 1 of each year, with the director of the Department of Commerce and Insurance calculating the current value and the secretary of state publishing it in the Missouri Register. A family should check the amount in effect for the year that applies to their case.

The cap reaches noneconomic damages only. Economic losses such as lost support and lost earnings are not limited by it. Claims against public entities carry their own separate limits under different statutes. Outside those schemes, ordinary wrongful death compensatory awards are not subject to a general ceiling.

Punitive damages

Missouri addresses the punishment-and-deterrence function through damages for aggravating circumstances. Section 537.090 lets the jury consider the aggravating circumstances attending the death, and these damages serve a role similar to punitive damages in other states. They become relevant where the defendant's conduct was especially egregious, such as conduct showing a complete indifference to or conscious disregard for the safety of others. Because they are framed within the wrongful death statute rather than as a separate punitive count, families should ask counsel how the aggravating-circumstances measure applies to their specific facts.

How fault affects recovery

Missouri follows pure comparative fault. If the deceased person was partly responsible for the events that caused the death, the recovery is reduced in proportion to that share of fault, but it is not barred even when the deceased person bore a larger share. This is more forgiving than the modified systems many states use, which cut off recovery once the injured person's fault crosses a set threshold. The defendant's and the deceased person's respective shares of fault are decided by the trier of fact.

How the proceeds are distributed

The class that brings the action does so for everyone in that class, and the court apportions the recovery among them. Section 537.095 directs the court to approve any settlement and to order how the net proceeds are divided among those entitled to share, in proportion to the losses each suffered. Funeral expenses and the costs of recovery are accounted for before distribution.

Two qualifications sit alongside that rule. One or more members of the class may settle or sue without every entitled person joining, but Section 537.095.1 requires the claimant to satisfy the court that he or she has diligently attempted to notify all parties having a cause of action under Section 537.080. And where a court-appointed plaintiff ad litem recovers, Section 537.095.2 directs that the proceeds be distributed according to the laws of descent, unless the court finds special circumstances that would make that inequitable, in which case the court apportions the recovery in proportion to the losses suffered.

Because the division usually turns on each person's actual loss, families with several beneficiaries should expect the court to weigh the relationships and dependencies involved.

How to evaluate your situation

A lawsuit cannot replace the person who was lost, but Missouri law gives the eligible survivors a structured way to seek accountability and compensation, on a firm timeline. Useful first steps include preserving the death certificate, medical and accident records, and proof of the deceased person's earnings and the family's losses, and identifying who falls in the eligible class so the single permitted action is brought by the right person. Because the three-year deadline and any government-claim notice periods can each control the case, speaking with a licensed Missouri attorney promptly is wise. Most wrongful death attorneys offer a free consultation and work on a contingency basis, meaning no upfront fee and payment only out of any recovery. No outcome can be promised, and this guide is information, not legal advice.

Frequently Asked Questions

What is the deadline to file a wrongful death claim in Missouri?

Three years from the date the cause of action accrues, which is generally the date of death, under RSMo 537.100. Limited situations can affect the running of the time, and claims against a government entity can carry separate notice requirements, so confirm the exact date with an attorney quickly.

Who can file a wrongful death lawsuit in Missouri?

Standing follows statutory classes under RSMo 537.080. Class one is the spouse, children, descendants of deceased children, or parents; if none, class two is siblings or their descendants; if none, class three is a court-appointed plaintiff ad litem. Only one wrongful death action may be brought against any one defendant for one death.

What damages can be recovered in a Missouri wrongful death case?

Under RSMo 537.090, damages include pecuniary losses, funeral expenses, and the reasonable value of services, consortium, companionship, comfort, guidance, counsel, and support the deceased person would have provided. The same section also lets the trier of the facts award the damages the deceased suffered between the injury and the death, which is where pre-death pain and suffering is recovered. Damages for grief and bereavement are not recoverable, but the jury may consider aggravating circumstances.

Is there a cap on wrongful death damages in Missouri?

There is no general statutory cap on compensatory wrongful death damages, but there are real exceptions. RSMo 538.210 limits noneconomic damages for a death arising out of health care services to a base of $700,000, a figure the statute increases by 1.7 percent each January 1 and that is published in the Missouri Register. Economic losses are not capped by it. Claims against public entities carry their own separate limits. Outside those schemes the award is the fair and just amount found under the statutory factors.

Can a Missouri family bring a separate survival action for the deceased person's own injuries?

Not where the injury caused the death. RSMo 537.020 subsection 1 covers causes of action for personal injuries other than those resulting in death, so it fits someone who held an injury claim and then died of another cause. When the injury is what caused the death, the deceased person's pre-death damages are awarded inside the wrongful death case under RSMo 537.090.