In Missouri, a wrongful death claim is filed by the deceased’s surviving family members to recover damages for their losses resulting from the death, such as lost financial support, loss of companionship, and funeral expenses.
A survival claim is filed by the deceased’s estate and seeks compensation for the damages the deceased person would have been able to recover had they survived, such as medical bills, pain and suffering, and lost wages incurred between the injury and death.
What Constitutes a Wrongful Death?
Under RSMo Section § 537.080, it happens when a death is caused by any act, conduct, or event that—if the person had survived—would have allowed them to bring a claim for damages. Put simply, if the injured person could have sued had they lived, their family may be able to bring a wrongful death claim after their passing.
Examples and Common Causes
This covers more than people expect. A head injury from a careless driver that later proves fatal falls into this category, just as much as a death from a defective medical device or a surgical mistake. The most common causes are:
Auto accidents: Collisions involving cars, trucks, or motorcycles are still one of the most common causes of accidental death. Many happen because a driver was speeding, impaired, distracted, or a mix of these factors.
Medical malpractice: Physicians, nurses, and other health professionals are expected to follow established standards in diagnosing, treating, and prescribing. When they fall short, even in a small way, the results can be permanent and devastating.
Product liability: Faulty products—such as malfunctioning brakes or a household item with a hidden hazard—can cause deadly injuries that might have been avoided with proper design, testing, or manufacturing.
Who Can File a Claim?
Missouri law gives priority to certain relatives. Class one includes the spouse, children, and parents of the deceased. Class two includes siblings, but they can only file if there are no surviving class one members. That rule exists to give those closest in life the first opportunity to act.
Only one case can move forward for the same person. If multiple family members file separately, the court will usually merge them into a single case. Damages are then shared among eligible family members. In many situations, relatives work out the split themselves. If they can’t, the court will decide.
Why Understanding the Law Matters
Wrongful death cases can be complicated. In Missouri, the law outlines who may file the claim, the process it must go through, and the way any compensation will be shared.
Understanding these rules from the start can reduce the chance of disagreements and help make sure the outcome reflects the true extent of the loss.
What Exactly is a Survival Action?
In Missouri, a survival action is a claim that carries on the legal rights a person had before they passed away. If someone was injured and could have pursued a personal injury case while alive, that right does not simply vanish when they die—it can transfer to the personal representative of their estate.
Under RSMo Section § 537.020, this applies whether the injury led to the death or the death was unrelated. In some cases, the claim was already underway when the person died; in others, it is filed afterward on behalf of the estate.
How It Differs from a Wrongful Death Claim
A wrongful death claim is meant to compensate surviving family members for their own losses, such as emotional and financial support the decedent can no longer provide. A survival action deals with the losses the person experienced from the time they were hurt until the time they died.
It’s treated as its own claim, even if it comes from the same incident. Wrongful death claims, on the other hand, are covered under RSMo Section § 537.010.
Types of Damages in a Survival Action
In a survival action, the estate can pursue compensation for the hardships the person faced before death, which may cover:
- Medical bills tied to treating the injury
- Income lost from being unable to work
- Pain and discomfort experienced during recovery
- Emotional distress they went through
Claims for companionship, guidance, or similar personal losses are handled in a wrongful death case, not a survival action.
For example, If a person is severely hurt in a collision and lives for a period afterward, they may face multiple surgeries, extended hospital stays, and time away from work. During that time, they could experience pain, stress, and financial difficulties.
If they later pass away—whether due to those injuries or another cause—the estate may still pursue compensation for what they endured in that period.
Building the Case
Filing a survival action means you have to show that the other side’s actions led to the injury that caused those losses. Proving it might take medical records, work history, and witness accounts describing how the injury affected the person before they died.
Since these cases tie together personal injury rules and probate matters, knowing the details of Missouri’s laws is important to handle them the right way.
Key Differences Between a Survival Action and a Wrongful Death
Sometimes in Missouri, a survival action and a wrongful death claim can grow out of the same incident. They aren’t handled the same way, though, because the law decides differently on who can collect, what can be recovered, and how each claim is treated.
Who the Claim Benefits
A survival action benefits the decedent’s estate. The personal representative handles the case, and if money is recovered, it becomes part of the estate before being distributed under probate rules. By comparison, a wrongful death claim benefits certain surviving family members directly, without going through the estate.
What Each Claim Focuses On
Survival actions deal with what the person went through before they passed—medical treatment, missed work, pain, and other losses they personally endured. It’s a way to make sure the harm done to them isn’t ignored just because they didn’t live to finish their claim.
Wrongful death claims focus on what the family loses because of the death itself. That can mean lost income the person would have provided, emotional companionship, guidance, or benefits like health insurance and retirement contributions.
Statute of Limitations
Timing is also different. A wrongful death case must be filed within three years from the date of death. A survival action has to be filed within three years from the date of the injury that ultimately caused the death, which isn’t always the same date.
When Both Might Apply
If someone survives for a period after being injured, the estate may bring a survival action for what they went through, and the family may also have a wrongful death claim for their own losses.
Can You File Both a Wrongful Death and a Survival Action Claim?
As we mentioned, it’s possible for both a wrongful death claim and a survival action to come out of the same event. They don’t replace each other — they work side by side, each addressing a different part of the loss.
When both are filed together, the aim is to make sure every kind of damage, whether it’s tied to what the deceased went through before passing or what the family lost afterward, is included.
When Filing Both May Be Appropriate
You might see both claims filed if:
- The person lived for some period after the injury
- Medical care, lost wages, or other measurable losses occurred before death
- The person would have had a valid injury case if they had survived
For instance, imagine someone injured in a crash spends weeks in the hospital before passing. Their estate could recover the medical bills and the pain they went through during that time through a survival action, while their family could also seek wrongful death damages for funeral expenses and the financial support they lost.
What to Keep in Mind
Because these are two separate legal claims, they:
- Fall under different Missouri statutes
- May involve different people filing or controlling the case
- Can have different deadlines based on the facts of the incident
If either deadline is missed, the ability to recover compensation could be gone. That’s why moving quickly matters.
Preserving the Right to Both Claims
To keep both options open, it helps to:
- Save all medical records, bills, and treatment notes
- Gather pay stubs or proof of lost income
- Get written statements from witnesses or anyone familiar with the injuries and their impact
- Keep copies of police or accident reports
The earlier this documentation is collected, the easier it is to connect the dots between the injury, the treatment, and the losses.
Acting quickly not only helps protect your rights but also gives you the best shot at showing the full scope of what was lost — both to the estate and to the surviving family.
Experienced Missouri Wrongful Death Lawyers
Losing a loved one because of someone else’s actions is devastating, no matter the circumstances. The emotional impact can be overwhelming, and while you are coping with the loss, you may also be forced to make quick decisions about practical matters you never expected to face so soon.
There may be sudden expenses for medical care received before death, funeral arrangements, or the loss of financial support your family depended on. When that loss stems from negligence, it is not just a personal tragedy—it is also a legal matter.
At Beck & Beck Missouri Car Accident Lawyers, we understand how life changes after a fatal accident and how much is at stake for the families left behind. Let us help you take the right legal steps and work toward the compensation Missouri law allows, so you can focus on your family during this difficult time. Contact us for a free consultation.
Cities in Missouri where we have helped victims of fatal motor vehicle accidents include St. Louis, O’Fallon, Jefferson City, Independence, Florissant, Springfield, Joplin, Kansas City, and more.
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