Losing someone you love is one of the most painful experiences a family can endure. When that loss is caused by someone else’s negligence, recklessness, or intentional misconduct, the grief is compounded by anger, confusion, and an overwhelming sense of injustice. No amount of money can undo that loss. But Missouri law recognizes that surviving family members deserve both accountability and financial protection. At Pleban & Associates, we have represented families throughout Missouri in wrongful death cases arising from car accidents, trucking collisions, police misconduct, defective products, and workplace negligence. Our results include a $75 million jury verdict for the family of a man killed by a DWI suspect evading police, one of the largest verdicts in Missouri that year, and a $2.5 million wrongful death settlement that was 100 times the at-fault driver’s policy limits after we proved the insurance carrier acted in bad faith. J.C. Pleban is recognized by Best Lawyers® in 2026 for Personal Injury Litigation and Product Liability Litigation. He has been recognized by Super Lawyers every year since 2015. This guide explains Missouri’s wrongful death laws in plain language so that families facing this situation understand their rights, their options, and the deadlines that could affect their ability to seek justice.
What Is a Wrongful Death Claim Under Missouri Law?
Missouri Revised Statute § 537.080 defines a wrongful death as a death resulting from any act, conduct, occurrence, or circumstance that would have entitled the deceased person to recover damages in a personal injury lawsuit if they had survived. In practical terms, this means a wrongful death claim can be filed whenever someone dies because of another party’s negligence, recklessness, or intentional conduct. Common situations that give rise to wrongful death claims in Missouri include car, truck, and motorcycle accidents, medical malpractice, defective or dangerous products, construction site injuries, premises liability (slip and fall, inadequate security, swimming pool accidents), nursing home abuse and neglect, police use of excessive or deadly force, and criminal acts such as assault or drunk driving. A wrongful death claim is a civil lawsuit, separate from any criminal prosecution. Families can pursue a wrongful death case even if no criminal charges are filed, and even if the person responsible is acquitted in criminal court. The standard of proof in a civil case is lower: the family must show that it is more likely than not that the defendant’s actions caused the death, rather than proving guilt beyond a reasonable doubt.
Who Can File a Wrongful Death Claim in Missouri?
Missouri law establishes a specific priority system for who is eligible to bring a wrongful death lawsuit. Not just anyone can file. The statute divides eligible family members into two classes. Class One: Immediate Family The first class of eligible claimants includes the surviving spouse, children, the deceased’s lineal descendants of any deceased children (including adopted), and the deceased’s father or mother (including adoptive parents). Any member of this class can file the lawsuit. Other Class One members can join the action. When the case involves the death of a minor child, the parents are typically the ones who bring the claim. Class Two: Siblings If there are no surviving Class One members, Missouri law allows the deceased’s siblings or their descendants to file the claim. Class Two members can only file if no Class One members exist or are able to bring the action. Plaintiff Ad Litem If no Class One or Class Two members are available, the court can appoint a plaintiff ad litem to bring the case on behalf of those who would be entitled to share in any recovery. Understanding which class you fall into is important because it affects your legal standing and the process for filing. Only one wrongful death action can be brought against any one defendant for the death of any one person, so coordination among eligible family members is essential. Even if a lawsuit is filed, Pleban & Associates can help you join other class members.
The Three-Year Statute of Limitations
Missouri imposes a strict three-year statute of limitations on wrongful death claims, as set forth in § 537.100. If the lawsuit is not filed within three years, the court will almost certainly refuse to hear the case. Three years may sound like a long time, but these cases require extensive investigation, expert analysis, and careful preparation. Evidence needs to be preserved, witnesses need to be interviewed, and medical records need to be gathered and reviewed. Starting the process early gives your attorney the time needed to build the strongest possible case. Note that this is different from Missouri’s five-year statute of limitations for personal injury claims. Wrongful death has its own, shorter deadline. If you are unsure whether your situation involves a wrongful death or a personal injury claim, consult with an attorney as soon as possible to avoid missing the applicable deadline.
What You Must Prove in a Missouri Wrongful Death Case
To succeed in a wrongful death claim, the plaintiff must establish four elements. First, the defendant owed a duty of care to the deceased. This might be a driver’s duty to operate their vehicle safely, a doctor’s duty to provide competent medical care, or a property owner’s duty to maintain safe conditions. Second, the defendant breached that duty through negligence, recklessness, or intentional misconduct. Third, that breach directly caused or contributed to the death of the person. And fourth, the surviving family members suffered actual damages as a result of the death. Proving these elements typically requires testimony from medical experts, accident reconstruction specialists, economists (to calculate lost income and future financial support), and other professionals. The strength of the evidence your attorney assembles directly affects the outcome of the case.
Compensation Available in a Missouri Wrongful Death Case
Missouri law allows surviving family members to recover a broad range of damages in a wrongful death lawsuit. Under § 537.090, the trier of fact (usually a jury) may award whatever damages it deems fair and just for the death and the resulting losses, with some limitations. The statute allows for recovery of:
pecuniary losses suffered by reason of the death, funeral expenses, and the reasonable value of the services, consortium, companionship, comfort, instruction, guidance, counsel, training, and support of which those on whose behalf suit may be brought have been deprived by reason of such death and without limiting such damages to those which would be sustained prior to attaining the age of majority by the deceased or by the person suffering any such loss. In addition, 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 the recovery of which the deceased might have maintained an action had death not ensued.
Economic Damages Economic damages cover the tangible financial losses caused by the death. These include medical expenses incurred between the time of injury and death, funeral and burial costs, lost income and benefits the deceased would have provided to the family, lost financial support and contributions to the household, and the value of services the deceased would have performed (childcare, home maintenance, and similar contributions). Non-Economic Damages Non-economic damages compensate for the intangible losses that are often the most devastating. These include loss of companionship, comfort, and consortium, loss of parental guidance, instruction, counsel, and training , and support (particularly significant when the deceased was a parent of minor children) that the deceased would have provided. Survival Damages Missouri allows recovery for damages the deceased person suffered between the time of injury and the time of death. This can include the deceased’s pain and suffering during that period, as well as any medical expenses incurred. Missouri does not require a separate survival action. These damages are included within the wrongful death claim itself. Punitive Damages In cases involving especially egregious or malicious conduct, Missouri courts may award punitive damages. These are designed not to compensate the family but to punish the defendant and deter similar behavior by the defendant and others. In many cases there is currently no cap on punitive awards.
Missouri Has No Cap on Most Wrongful Death Damages
This is one of the most important things for families to understand. Missouri does not impose a cap on economic or non-economic damages in most wrongful death cases. A jury is free to award whatever amount it determines is fair based on the evidence. The one exception involves wrongful deaths arising from medical malpractice. In those cases, non-economic damages were capped in 2020 at $700,000.00 (with the cap increasing by 1.7% annually under § 538.210). Economic damages in medical malpractice wrongful death cases are not capped. For wrongful deaths caused by car accidents, truck crashes, defective products, negligence, police misconduct, or other non-medical-malpractice causes, there is no statutory cap on any category of damages. This means that families who have suffered catastrophic losses have the opportunity to recover compensation that genuinely reflects the magnitude of their loss.
Wrongful Death Claims vs. Criminal Charges
Families often wonder whether a wrongful death lawsuit can proceed if no criminal charges are filed, or if the responsible party is acquitted in a criminal case. The answer is yes to both. A wrongful death lawsuit is a civil action, completely separate from the criminal justice system. The two proceedings operate independently, with different standards of proof. In a criminal case, the prosecution must prove guilt beyond a reasonable doubt. In a civil wrongful death case, the family must only prove liability by a preponderance of the evidence, meaning it is more likely than not that the defendant’s actions caused the death. This lower standard of proof means that families can succeed in a wrongful death lawsuit even when a criminal prosecution fails or is never pursued. The most well-known example of this principle occurred in the O.J. Simpson case, where the defendant was acquitted in criminal court but found liable in the subsequent civil wrongful death trial.
Why You Need a Trial Attorney for a Wrongful Death Case
Wrongful death cases are among the most complex and high-stakes matters in civil litigation. They involve substantial damages, multiple categories of loss, expert testimony, and often corporate or institutional defendants with significant legal resources. Insurance companies and defense teams know that most personal injury firms prefer to settle cases rather than go to trial. That knowledge gives them leverage to push for lower settlements. At Pleban & Associates, we are trial attorneys first. Our willingness to take cases to verdict changes the negotiation dynamic. When the other side knows you will go to trial, the settlement offers reflect that reality. Our $75 million verdict is a direct example. In that case, the defendant’s insurance carrier had only $25,000 in bodily injury policy limits and $25,000 in property limits. We pursued the case aggressively and proved bad faith, ultimately securing a verdict that was 1,500 times the original policy limits. We later had arguments that the insurance carrier acted in bad faith and pursued them. In another wrongful death matter, J.C. Pleban secured a $2.5 million settlement that was 100 times the at-fault driver’s $25,000 policy by demonstrating that the insurance carrier acted in bad faith when it refused to settle within its policy limits. These results do not happen by accident. They are the product of thorough preparation, deep knowledge of Missouri law, and the willingness to fight for families who deserve more than a quick settlement.
Steps to Take After the Wrongful Death of a Loved One
In the aftermath of losing a family member, legal action is understandably the last thing on your mind. But there are steps you can take early that will protect your family’s rights and strengthen any future claim. Preserve all evidence related to the death, including medical records, police reports, accident reports, photographs, and any correspondence with insurance companies. Request an autopsy if there is any question about the cause of death. Obtain multiple copies of the death certificate. Do not give recorded statements to any insurance company without first consulting an attorney. Keep a record of all expenses related to the death, including medical bills, funeral costs, travel expenses, and lost wages. Most importantly, contact an experienced wrongful death attorney as soon as you are able. Early involvement allows your attorney to preserve critical evidence (surveillance footage, electronic data, vehicle black boxes), send preservation letters to prevent the destruction of records, begin investigating the circumstances of the death, identify all potentially liable parties, and ensure that you do not miss any filing deadlines.