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In Missouri, when a life is lost due to another party’s negligence, carelessness, or intentional misconduct, the law provides two separate legal options for pursuing justice: a wrongful death claim and a survival action. At Goldblatt + Singer, we help families understand the distinction between these two paths, especially in complex cases involving wrongful death vs. survival action, so that they can take informed steps toward accountability and financial recovery. These legal avenues are not interchangeable; each serves a distinct purpose under Missouri law. Choosing the correct one, or both, can significantly influence the outcome of a case. Timing, documentation, and eligibility each play a crucial role in the legal process and may impact the total compensation available.
If you have lost a loved one in a preventable accident caused by someone’s carelessness, a wrongful death lawsuit can be pursued to hold the negligent party accountable. Wrongful death damages are meant to compensate the surviving family for their losses related to losing their loved one, rather than for the deceased’s losses.
Missouri law allows the surviving family to bring a claim in the following order:
Only one wrongful death lawsuit can be filed.
In contrast, survivorship claims in Missouri are designed to compensate surviving family members for the losses their loved one suffered prior to their death. Essentially, if the victim had survived, they would have had the right to pursue a personal injury lawsuit. Therefore, surviving family members have the right to file a survival action. Survival actions may only be brought if the deceased did not die immediately from their injuries. However, the law only requires a short period of survival.
Unlike some states, when both wrongful death and survival actions arise from the same occurrence, they can be consolidated into one lawsuit in Missouri.
The main difference between a wrongful death and a survival action is who the legal claim benefits, the type of damages pursued, and how those damages are distributed under Missouri law to either the estate or surviving family members.
In Missouri, survival actions are governed by Mo. Rev. Stat. § 537.010, which allows the legal representative of a decedent’s estate to continue a personal injury claim the deceased could have pursued if they had survived. This type of action focuses on the legal rights and injuries of the individual prior to death. It ensures that the harm the person endured before passing is not overlooked and that compensation can still be recovered on their behalf.
By contrast, wrongful death actions are outlined in Mo. Rev. Stat. § 537.080 and permit close family members to bring a separate claim based on the impact the death has had on them personally. This action centers on the losses suffered by surviving relatives as a result of the fatal event. These may include financial hardships and emotional suffering caused by the sudden loss of a loved one.
Both causes of action may apply in the same case, depending on how long the decedent lived after the injury and what losses were sustained before and after death. Understanding this distinction helps ensure the correct party brings the appropriate claim and that all compensable damages are fully pursued.
Yes, in Missouri, both a wrongful death claim and a survival action may be filed based on the same incident. These legal paths serve different purposes and are often pursued together to ensure all recoverable losses are compensated.
Filing both may be appropriate when:
In such cases, the family can seek wrongful death compensation for their own losses, while the estate may recover damages tied to the decedent’s injuries and treatment. For example, someone hospitalized after a collision may incur medical expenses and pain-and-suffering damages payable to the estate. After death, the family may also pursue funeral costs and financial losses from losing a household member.
Keep in mind:
To protect both claims, families should act promptly and preserve all documentation, including medical records, witness statements, and accident reports. Doing so helps define the full scope of losses tied to the estate and surviving relatives.
Attention to timing and legal requirements is essential. A car crash, workplace injury, or medical error could give rise to both claims, but missing statutory obligations or procedural deadlines could significantly jeopardize recovery and available compensation.
In Missouri, the damages available in a legal claim following a fatal incident depend on the type of action filed and the circumstances surrounding the case. Whether pursued through a wrongful death lawsuit or a survival action, these damages are intended to address the financial, physical, and emotional consequences resulting from a person’s death. Missouri law recognizes both tangible losses, such as costs and income, and intangible harms, such as emotional distress or diminished quality of life.
The specific nature of the claim will determine who is entitled to recover damages and how compensation is calculated or limited under state law. Courts may also consider factors like the deceased’s role in the household, future earning potential, and the emotional impact on surviving family members when evaluating the scope of recovery.
One of the most significant differences between a survival action and a wrongful death claim is the type of damages available:
Damages in a wrongful death lawsuit may include:
Whereas the damages awarded in a survival action can include, but are not limited to:
Conscious pain and suffering can refer to the physical pain suffered, as well as feelings of fear, since the deceased knew their death was imminent. Before determining an award amount for this type of damage, jurors will consider:
Missouri has not established damage caps for wrongful death or survivorship claims unless the death was caused by medical malpractice. In which case, the state’s limit of $700,000 for non-economic damages (e.g., pain and suffering) will apply.
In Missouri, the family of a wrongful death victim has to bring a wrongful death case and/or survival claim within three years. However, in cases that involve medical mistakes made by medical professionals, the statute of limitations is two years. After this time frame, claims are dismissed, and the family cannot recover compensation. In cases where the cause of death has yet to be determined, the time frame for filing can be altered due to the discovery rule.
If you need help filing a wrongful death case or a survival action case, make sure to contact (314) 231-4100 today for a free evaluation of your case to reach your maximum compensation.
Jeff Singer, Managing Partner at Goldblatt + Singer for over a decade, is a seasoned personal injury attorney known for his compassionate yet tough advocacy. He has resolved hundreds of cases and recovered millions for clients. Recognized as a Missouri Super Lawyer and Top 100 National Trial Lawyer, Jeff also serves on the Missouri Bar’s Chief Disciplinary Committee and the Board of Governors for the Missouri Association of Trial Attorneys.
This page has been created, edited, and reviewed by a team of legal writers following our thorough editorial guidelines. It was approved by our Founding Partner, Jeffrey Singer, who has over 30 years of experience as a personal injury attorney.
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