Peter Helped me with a case these last few months. Always explained everything in depth. Can’t say enough good things about how it went.
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You can’t go wrong with [Bruntrager & Billings P.C.]. Don’t just trust my word for it though. See for yourself or better yet, ask other attorneys who they would personally use. I’m sure you’d hear not just one, but several of [their] names.
Peter Helped me with a case these last few months. Always explained everything in depth. Can’t say enough good things about how it went.
I’ve dealt with Charlie and he is wonderful. VERY knowledgeable of the law. I would definitely recommend if you are facing hardship.
You can’t go wrong with any of them. Don’t just trust my word for it though. See for yourself or better yet, ask other attorneys who they would personally use. I’m sure you’d hear not just one, but several of the names above.
“I find the law firm of Bruntrager & Billings, P.C. to be totally professional, compassionate and caring. They do their homework to get results. Their whole staff is there with you all the way. Charles W. Billings was there with us from day one working the case and keeping us informed every step of the way. I have total confidence and trust with him as our attorney and now think of him as a friend. This is a wonderful family law firm and would highly recommend them to anyone.”
When a family loses someone because of another party’s carelessness or misconduct, Missouri law actually recognizes two distinct legal claims that can arise from the same event: a wrongful death claim and a survival action. They sound similar, and they often get filed together, but they compensate different people for different losses. Understanding the difference between a Missouri wrongful death claim and a Missouri survival action can help families make sense of what to expect if they are facing this situation.
A wrongful death lawsuit in Missouri is a claim brought on behalf of the deceased person’s family for the losses they personally suffered because of the death. The Missouri wrongful death statute, RSMo § 537.080, applies whenever a death results from an act, occurrence, or circumstance that would have given the deceased person the right to sue for damages had they survived.
Missouri limits who may bring a wrongful death lawsuit through a strict order of priority. The surviving spouse and children (including the descendants of a child who died before the decedent) hold the first right to file. If no one in that class exists, the decedent’s parents may bring the claim. If there is no surviving spouse, child, or parent, a sibling, or the descendant of a sibling, may step in, and in rare cases, the court will appoint a plaintiff ad litem to represent the family’s interests. Only one wrongful death lawsuit may proceed for a single death, so family members within the same priority class generally need to act together.
Damages in a wrongful death lawsuit are meant to address what the family lost, not what the deceased person suffered. Under RSMo § 537.090, a jury may consider the pecuniary losses the family experienced, funeral and burial expenses, and the reasonable value of the companionship, guidance, comfort, and support the deceased person would have continued to provide. Missouri does not cap these damages in most wrongful death cases.
A wrongful death claim in Missouri must be filed within three years of the date of death under RSMo § 537.100, regardless of when the underlying injury occurred. That three-year window is shorter than Missouri’s general five-year deadline for personal injury claims, which is one reason families should not wait to learn about their legal options after a loss.
A survival action is a different kind of claim entirely. Instead of compensating the family for their own losses, a survival action allows the deceased person’s own personal injury claim to continue after death through their estate. Under RSMo § 537.020, a cause of action for personal injury does not simply disappear because the injured person died. It survives and passes to the personal representative of the estate, who pursues it on the estate’s behalf.
The damages available in a survival action reflect what the deceased person experienced between the injury and the death, rather than what the family experienced afterward. That can include medical expenses, lost income, and the pain and suffering the individual endured before passing. RSMo § 537.090 specifically allows the fact finder to award damages for what the deceased “may have suffered between the time of injury and the time of death.”
One detail that trips families up is the estate deadline. To pursue a survival action, an estate generally must be opened, and a personal representative appointed, within one year of the date of death under Missouri’s probate rules (RSMo § 473.360). If that window closes without an estate being opened, the survival claim can be lost even though the three-year wrongful death deadline is still running.
The two claims are often confused because they can arise from the exact same underlying incident, but they are built around different questions.
Yes. Missouri law contemplates both claims arising from the same fatal incident, and RSMo § 537.090 specifically allows a jury to award survival damages within the same proceeding as wrongful death damages. It is common for a family to pursue both a wrongful death claim and a survival action together, since one addresses the family’s losses and the other addresses what the injured person went through before passing.
No. Missouri does not impose a general damages cap on wrongful death or survival action recoveries. Caps that apply in certain other contexts, such as some medical malpractice claims, are governed by separate statutes and do not automatically apply here.
Missouri follows a class-based hierarchy under RSMo § 537.080. The surviving spouse and children have the first right to sue, followed by parents if there is no surviving spouse or child, and then siblings or their descendants if no one in the first two classes exists.
If a personal representative is not appointed within one year of the date of death, the survival action can be barred even though the separate three-year wrongful death deadline under RSMo § 537.100 may still be open. This is one of the more common reasons families lose the ability to pursue a survival claim.
They are legally distinct claims, so the settlement structure can vary by case, but both typically need to be resolved as part of the same overall matter since they arise from the same event and often the same defendant.
Losing a family member because of someone else’s negligence raises legal questions that are easy to get wrong at exactly the moment families are least prepared to sort them out. If this sounds like your situation, the team at Bruntrager & Billings, P.C. can help you understand which claims apply and what deadlines matter most. Contact us for a free consultation now.
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