Missouri law
Wrongful Death Laws in Missouri.
Missouri's Wrongful Death Statute authorizes recovery by the decedent's spouse, children, parents, or siblings. Damages include pre-death pain and suffering, funeral expenses, medical expenses, loss of consortium, loss of companionship and services, and lost future earnings. The 3-year statute of limitations runs from the date of death. Missouri's Supreme Court struck down damages caps in wrongful death medical malpractice cases (Watts v. Cox, 2012), though the legislature re-enacted them.
Last verified: 2026-04-17
State law
Statute of Limitations
Wrongful death actions must be filed within 3 years of the date of death.
State law
Key Missouri Statutes
Authorizes wrongful death claims in a statutory order of priority: spouse, children, or lineal descendants; parents; then siblings. Damages include pecuniary losses, mental anguish, loss of companionship and services, and pre-death pain and suffering.
Punitive damages are available in wrongful death where aggravating circumstances are proven (clear and convincing evidence of willful, wanton, or malicious conduct).
The Missouri Supreme Court held in Watts v. Cox (2012) that caps violated the constitutional right to trial by jury in wrongful death actions. The legislature re-enacted caps; constitutional validity remains disputed.
State law
Official Sources
Not Legal Advice
This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Missouri.
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