What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit brought on behalf of the surviving family members of a person whose death was caused by another party's negligence, recklessness, or intentional misconduct. Missouri's wrongful death statute — RSMo § 537.080 — grants eligible family members the right to recover all damages caused by the loss of their loved one, including lost financial support, loss of companionship, funeral costs, and grief damages.
RSMo § 537.080 establishes a priority system for who may bring a wrongful death claim. Class I claimants — the decedent's spouse, children, and the descendants of any deceased children — have the first right to file. If there are no living Class I claimants, or if they fail to bring suit within 90 days of the death, Class II claimants — the decedent's parents, siblings, and descendants of deceased siblings — may file. Only one wrongful death action may be brought, and all eligible claimants of the filing class must be joined.
The same four-element negligence standard that governs personal injury claims applies to wrongful death: the defendant must have owed a duty to the decedent, breached that duty, and caused the death as a direct result. The major difference is that the damages are measured by the family's losses — not the decedent's personal injuries — and there is no statutory cap on non-economic damages in Missouri wrongful death actions.
Common Causes of Missouri Wrongful Death Claims
Wrongful death claims arise from a wide range of fatal accidents and medical failures. The common thread is that someone with a legal duty of care failed to meet it — and a family lost a loved one as a result.
🚚 Commercial Truck Crashes
FMCSA hours-of-service violations, overloaded or improperly secured cargo, distracted driving, and trucker fatigue are leading causes of fatal truck crashes on Missouri's I-55 and I-70 corridors. Commercial carriers carry multi-million dollar insurance policies — and have experienced defense teams working from the moment of impact. See our truck accident page for more on tractor-trailer claims.
🏥 Medical Malpractice
Surgical errors, delayed or missed diagnoses, medication mistakes, anesthesia errors, and birth injuries can all give rise to a wrongful death claim when a healthcare provider's negligence causes a patient's death. Medical malpractice wrongful death cases require expert medical witnesses and careful coordination with hospital record preservation deadlines.
👷 Workplace Fatalities
OSHA violations, construction falls, machinery accidents, and toxic exposures cause thousands of workplace deaths each year. Workers' compensation provides limited death benefits — but when a third party (a subcontractor, equipment manufacturer, or property owner) contributed to the fatality, a separate wrongful death claim outside workers' comp may recover the full value of your family's losses.
⚠️ Products Liability
Defective vehicle components (tires, brakes, airbags), industrial equipment failures, and pharmaceutical products that cause fatal side effects can all support a wrongful death claim under strict liability theory — meaning you do not need to prove the manufacturer was careless, only that the product was unreasonably dangerous when used as intended.
Free Wrongful Death Case Review
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Mark will contact you within 24 hours. Call (573) 227-8841 if you need to speak with someone sooner.
The 3-Year Deadline — Missouri Wrongful Death Statute of Limitations
Missouri's wrongful death statute of limitations is 3 years from the date of death under RSMo § 537.080(3). This is an absolute deadline — unlike some personal injury statutes, there are very few exceptions, and missing it permanently bars your family from recovering any compensation regardless of how strong your case is.
Critical Deadlines & Evidence Preservation
The 3-year limitations period starts on the date of death, not the date of the accident or the date you discover who was at fault. While three years sounds like ample time, evidence disappears fast — and delays benefit defendants.
- Truck EDR / black-box data may be overwritten within 30 days of the crash
- Hospital records and incident reports must be formally preserved immediately
- Workplace incident investigations close quickly — OSHA records have independent timelines
- Minor claimants may have additional time under RSMo § 516.170 (until age 21 or 3 years post-majority)
- There is generally no tolling for mental incapacity in wrongful death claims
- Class I claimants have 90 days of exclusive priority before Class II may file
Contact an attorney immediately. A free consultation costs you nothing — but waiting can cost your family everything.
A narrow tolling exception exists for minor claimants under RSMo § 516.170: a minor who is a Class I or Class II wrongful death claimant may have until age 21 or three years after reaching majority to bring a claim. However, waiting for a minor to reach majority is usually inadvisable — evidence preservation requires immediate action, and the case is almost always stronger when filed promptly.
If the wrongful death arose from a commercial truck crash, the most urgent priority is preserving the truck's electronic data recorder (EDR or "black box"), which records speed, braking, and throttle data in the seconds before impact. Many carriers download or overwrite this data within days. An attorney can send a preservation letter and, if necessary, seek an emergency court order to preserve the evidence.
Recoverable Damages in Missouri Wrongful Death
Under RSMo § 537.090, Missouri wrongful death claimants may recover the full economic and non-economic value of their loss. Unlike some states that cap non-economic damages in wrongful death, Missouri imposes no statutory limit on grief, mental anguish, or loss-of-consortium awards in wrongful death actions.
⚰️ Funeral & Burial Expenses
All reasonable funeral, burial, or cremation costs are recoverable — including funeral home fees, casket or urn, burial plot, headstone, and memorial service expenses.
💰 Lost Financial Support
The present-value calculation of all income, benefits, and financial services the decedent would have provided to the family over their expected lifetime — calculated using actuarial and economic expert testimony.
🤝 Loss of Consortium & Companionship
Spouses, children, and parents may recover for the loss of the decedent's love, care, guidance, comfort, and companionship — a significant component in cases involving young parents or spouses.
😭 Grief & Mental Anguish
Missouri wrongful death claimants may recover damages for their own grief, bereavement, and mental anguish caused by the loss — with no statutory cap on the amount a jury may award.
⚡ Punitive Damages
Where the defendant's conduct was outrageous, reckless, or intentional, punitive damages may be available under RSMo § 510.265 — subject to the statutory cap on punitive damages in Missouri (capped at the greater of $500,000 or 5x the net compensatory award).
Serving Wrongful Death Families Across Missouri — Including St. Louis and Kansas City
Taran & Associates represents wrongful death families statewide. Fatal accidents involving commercial carriers on Missouri's major corridors — I-55 through Southeast Missouri, I-70 across the state — are among the most complex and high-value cases we handle. We also represent families in hospital negligence cases at major metro medical systems and workplace fatalities on construction sites across the state.
- Commercial carrier crashes on I-55, I-70, and Missouri's rural highways
- Hospital and surgical center negligence in St. Louis and Kansas City metro systems
- Workplace construction deaths and industrial accidents statewide
- Defective product fatalities — vehicles, equipment, pharmaceuticals
- Nursing home and long-term care facility negligence
- Premises liability deaths — falls, inadequate security, structural failures
Frequently Asked Questions
Free Wrongful Death Case Review
Takes 60 seconds. Mark personally reviews every submission. No fee unless you win.
✓ Request Received
Mark will contact you within 24 hours. Call (573) 227-8841 if you need to speak with someone sooner.