A Death Somebody Caused
Mo. Rev. Stat. § 537.080 — three classes in order, one action, three years
In Missouri, when a death results from any act, conduct, occurrence, transaction or circumstance that would have let the person recover damages had they lived, the one who would have been liable is liable in an action for damages.
- First, the spouse or children, or the surviving descendants of any deceased children, or the father or mother of the deceased.
- If there is no one in the first class, a brother or sister of the deceased, or their descendants, who can establish a right to the damages.
- If there is no one in either class, a plaintiff ad litem the court appoints on the application of someone entitled to share.
One action. Only one action may be brought against any one defendant for the death of any one person.
What is compensated. Damages the trier of fact finds fair and just, having regard to pecuniary losses, funeral expenses, and the reasonable value of the services, consortium, companionship, comfort, instruction, guidance, counsel, training and support lost, plus what the deceased suffered between injury and death. Damages for grief and bereavement are not recoverable.
Three years. Every action is commenced within three years after the cause of action accrues, with time a defendant is absent from the state not counted.
| The question | The statute's answer |
|---|---|
| The questionWho can sue | The statute's answerSpouse, children, descendants of deceased children, or parents; then siblings; then a plaintiff ad litem |
| The questionIs grief compensated | The statute's answerNo; damages for grief and bereavement are not recoverable |
| The questionHow long | The statute's answerThree years after the cause of action accrues |
Caps in medical negligence cases, settlement approval and the rules on refiling are not all on this page. Whether a particular death gives rise to an action, and who should bring it, are questions for a licensed Missouri attorney.
Sources for this section (3)
- Mo. Rev. Stat. § 537.080 — Action for wrongful death — who may sue — limitation
- Mo. Rev. Stat. § 537.090 — Damages to be determined by jury — factors to be considered
- Mo. Rev. Stat. § 537.100 — Limitation of action — effect of absence of defendant and nonsuit
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Missouri attorney.