All Laws Decoded

Wrongful Death Lawsuits in Missouri

Who can bring a wrongful death claim in Missouri, the deadline to file, and any limits on damages.

Short answer: In order of priority: (1) the spouse, children, descendants of deceased children, or parents; (2) if none of those, the brothers or sisters (or their descendants) who can show a right to damages; Mo. Rev. Stat. § 537.080

Who can sue for wrongful deathIn order of priority: (1) the spouse, children, descendants of deceased children, or parents; (2) if none of those, the brothers or sisters (or their descendants) who can show a right to damages; (3) if none, a plaintiff ad litem appointed by the court at the request of someone entitled to share in the recovery. Only one wrongful death action may be brought against any one defendant for a death.
Wrongful death deadlineThree years after the cause of action accrues. Time when a defendant is absent from the state does not count, and a plaintiff whose timely case ends in a nonsuit may refile within one year.
Damage capsNo general cap on damages in ordinary injury cases was found. Caps apply to noneconomic damages in medical malpractice cases, to punitive damages (the greater of $500,000 or five times the net judgment), and to claims against the state and local governments.

More Missouri personal injury & wrongful death

FAQ

Who can file a wrongful death lawsuit in Missouri?
In order of priority: (1) the spouse, children, descendants of deceased children, or parents; (2) if none of those, the brothers or sisters (or their descendants) who can show a right to damages; (3) if none, a plaintiff ad litem appointed by the court at the request of someone entitled to share in the recovery. Only one wrongful death action may be brought against any one defendant for a death.
How long do you have to file a wrongful death lawsuit in Missouri?
Three years after the cause of action accrues. Time when a defendant is absent from the state does not count, and a plaintiff whose timely case ends in a nonsuit may refile within one year.
Does Missouri cap damages in personal injury cases?
No general cap on damages in ordinary injury cases was found. Caps apply to noneconomic damages in medical malpractice cases, to punitive damages (the greater of $500,000 or five times the net judgment), and to claims against the state and local governments.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.