Who Can File a Wrongful Death Claim in Missouri

By the FigureMyTax Editorial Team · How we calculate

Missouri lists who may sue in order of priority, and only one action can be brought against any one defendant for a death.

Three classes of claimants

Under RSMo 537.080, the action may be brought first by the spouse, children, the surviving descendants of deceased children, or the deceased's father or mother. If none of them can sue, the deceased's brothers and sisters or their descendants may sue. If nobody in either class can, a court-appointed plaintiff ad litem may sue.

Plaintiff ad litem

The court appoints a suitable person competent to prosecute the action, on application of someone entitled to share in the proceeds.

One action only

The statute allows only one action against any one defendant for the death of any one person, so claimants should coordinate rather than file separately.

What the family can recover

Under RSMo 537.090, damages cover pecuniary loss, funeral expenses, and the value of lost services, consortium, companionship, comfort, instruction, guidance, counsel, training and support, plus what the deceased suffered before death. Damages for grief and bereavement are not recoverable.

Malpractice deaths

In a malpractice claim, everyone asserting a wrongful death claim counts as one plaintiff for the noneconomic damages cap.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Missouri's rules apply to your specific case with a licensed Missouri attorney.