In Missouri law, wrongful death lawsuits and survival actions are two distinct legal remedies available when a person is killed due to another’s negligence or deliberate act. Both are meant to make the wrongdoer pay compensation. However, there is a clear distinction as to who may be compensated and for what losses.

A wrongful death action is intended to compensate the deceased's family members for their losses resulting from the death. These include economic losses such as lost wages and benefits that the deceased would have earned and devoted to caring for the family; medical expenses related to the final illness or injury; and funeral and burial costs. Damages may also be awarded for loss of companionship, guidance and support.

In Missouri, there is hierarchy of individuals who can file a wrongful death claim. Priority is given to the deceased's spouse, children or lineal descendants. If no such individuals survived the death, the deceased's parents can file the claim. If the parents are also deceased, a sibling or their descendants may file. If no such relatives are available, a court can appoint a plaintiff ad litem to bring the lawsuit.

A survival action, on the other hand, is a continuation of a claim that the deceased could have filed had he or she survived. An example is when a person suffers grave injuries in a car accident but does not die immediately. A damages lawsuit filed in the person’s behalf could recover for all losses incurred by the victim from the time of the accident until the actual death. The losses recoverable in a survival action can include medical expenses incurred before death, wages lost between the time of injury and death and pain and suffering. 

A survival action can be initiated by the executor or administrator of the deceased's estate. It is brought on behalf of the estate, and any recovery goes to the estate for distribution according to the deceased’s will or state intestacy laws if there is no will. Although survival actions do not directly compensate family members for their losses due to the death, the family members may be among the estate beneficiaries.

The statute of limitations for both types of actions also differs. For wrongful death actions, the lawsuit must be filed within three years of the date of death. Survival actions, however, must be brought within three years of the date of the injury that eventually led to death, not the date of death itself.

An experienced Missouri wrongful death attorney can help you manage the litigation needed to recover all damages resulting from a tragic, untimely death. It is possible to bring both a wrongful death action and a survival action together in one lawsuit. This allows the family and the estate to address all aspects of compensation due to the wrongful act in a single legal proceeding.

The Guirl Law Firm in St. Louis represents grieving families who have lost loved ones due to wrongful death in Missouri. Please call 314-391-2585 or contact us online to schedule a free initial consultation.