How Can Missouri’s Wrongful Death Laws Help Families Seek Justice?

Losing a loved one due to someone else’s negligence is heartbreaking. Missouri law provides legal avenues for families to seek justice through wrongful death and survival actions. These laws help surviving family members recover damages for their loss while ensuring that a legal claim does not disappear if the injured person passes away before their case is resolved.

At Mutrux Firm Injury Lawyers, we are here to guide you through the legal process and help you understand your rights under Missouri law.

Who Can File a Wrongful Death Claim in Missouri?

According to Missouri Revised Statutes § 537.080, the following individuals can file a wrongful death lawsuit:

1️⃣ Immediate family members – The spouse, children (biological or adopted), or parents of the deceased have the first right to file a claim.
2️⃣ Siblings or their descendants – If no immediate family members exist, a brother, sister, or their descendants may pursue the case.
3️⃣ Court-appointed plaintiff ad litem – If no qualifying family members exist, the court can appoint a suitable representative to file the lawsuit.

Only one wrongful death lawsuit can be filed for the deceased.

Damages You Can Recover in a Wrongful Death Lawsuit

Under Missouri Revised Statutes § 537.090, a jury determines what compensation is fair. Damages may include:

✅ Economic losses – Funeral expenses, medical costs, and lost financial support.
✅ Non-economic losses – Loss of companionship, comfort, and guidance.
✅ Pain and suffering of the deceased – Any suffering endured between the injury and death.
✅ Aggravating circumstances – If the negligence was particularly reckless, additional damages may be awarded.

However, Missouri law does not allow compensation for grief or bereavement.

What Happens If the Injured Person Passes Away Before Filing a Claim?

Survival Actions: Keeping the Case Alive

Missouri law protects the rights of injured individuals, even if they pass away before filing a claim. Instead of disappearing, their legal rights transfer to a personal representative who can continue the case.

According to Missouri Revised Statutes § 537.020:

✅ If an injured person dies from unrelated causes, their estate can pursue the lawsuit.
✅ If the at-fault party dies, their estate remains responsible for the injury claim.

This law ensures that legal responsibility does not disappear due to someone’s passing. If you are looking for a Missouri wrongful death lawyer then contact us.

Exceptions to Survival Actions

Not all legal claims survive after death. According to Missouri Revised Statutes § 537.030, cases involving:

❌ Slander or libel (defamation)
❌ Assault and battery
❌ False imprisonment

Do not continue after the victim or defendant passes away.

Why Legal Representation Matters?

Wrongful death and survival actions are complex. Insurance companies often try to minimize compensation, and proving damages requires strong legal advocacy. At Mutrux Firm Injury Lawyers, we fight for families across St. Louis and Columbia, ensuring they receive the justice and financial support they deserve.

How We Can Help in Wrongful Death Lawsuit?

✔️ Free case evaluations to help you understand your legal options.
✔️ Aggressive legal representation to hold negligent parties accountable.
✔️ Compassionate guidance throughout the legal process.

 

Award-Winning Personal Injury Lawyer Recognized for Excellence in Missouri

At Mutrux Firm Injury Lawyers, our results speak through the voices of our clients and now, through the honors we’ve earned in the community. Tyson Mutrux was proudly awarded Best Attorney in Columbia for 2025 by Inside Columbia Magazine, a recognition that reflects not only legal skill but also the deep trust of those we serve in Missouri.

A lawyer’s reputation speaks volumes about their ability to handle cases effectively. Whether you need legal representation for a personal injury claim, car crash claim, medical malpractice, or any other legal matter, choosing an attorney with a proven track record is essential.

Reading online reviews, client testimonials, and industry recognitions can help you gauge a lawyer’s credibility. Tyson Mutrux has built a strong reputation in Missouri, earning a 10.0 Superb rating on Avvo and recognition from Expertise as one of the Best Medical Malpractice Lawyers in St. Louis (2020).

Additionally, he has been honored by The National Trial Lawyers’ “Top 40 Under 40” for his dedication to achieving the best possible outcomes for his clients. His attention to detail, strong communication skills, and history of satisfied clients are reflected in numerous positive Google reviews.

You can also connect with us directly on Google to see reviews, updates, and more:

Mutrux Firm Injury Lawyers – St. Louis

Mutrux Firm Injury Lawyers – Columbia

We serve clients across Missouri and Illinois, with dedicated offices in St. Louis and Columbia.

If you have lost a loved one due to negligence, call us today at (314) 270-2273 for a free case investigation.