Wrongful death claims and survival actions are two separate but related civil claims that can be filed after someone dies from another party’s negligence or wrongful conduct. Understanding these differences can help families know when to speak with a St. Louis wrongful death lawyer about their legal rights and potential compensation under Missouri law.
What Is a Wrongful Death Claim
A wrongful death claim is brought by surviving family members after their loved one has died because of someone else’s negligent or intentional actions. The primary goal is to compensate those closest to the deceased for the financial and personal losses they now face due to the loss of their loved one. This claim is about what the family lost, not what the deceased experienced.
Common Causes of Wrongful Death Cases
Wrongful death claims commonly arise in a variety of tragic situations, including:
- Car, truck, motorcycle, or other vehicle crashes
- Medical malpractice
- Dangerous products or drugs
- Unsafe work environments
- Slip and fall accidents on another person’s property
- Violent acts or assaults (including homicide)
- Nursing home neglect or abuse
Each case is different, but if you’ve lost a loved one because of someone else’s actions, you may have a legal claim.
Who Can File a Wrongful Death Claim in Missouri?
Missouri law clearly details who is allowed to bring a wrongful death claim after a fatal accident.
First Priority Family Members
Those most closely related to the deceased have the first right to file a wrongful death lawsuit. These are generally:
- The surviving spouse
- Children (including adopted children)
- Grandchildren (if their parent, a child of the deceased, is also deceased)
- Parents of the deceased
Secondary Eligible Parties
If no first-priority relatives exist, then these family members may step in to pursue the wrongful death claim:
- Brothers and sisters (siblings) of the deceased
- The children (descendants) of the deceased’s siblings
Court-Appointed Plaintiff Ad Litem
If the deceased left behind no qualifying family members under Missouri’s laws, the court may assign a “plaintiff ad litem.” This is a court-appointed representative authorized to bring the wrongful death action on behalf of whoever is entitled to damages under Missouri’s statutes.
What Damages Are Available in a Missouri Wrongful Death Claim?
A wrongful death claim in Missouri can pursue many different types of damages. These often include:
- Funeral and burial expenses
- Lost financial support the deceased would have provided
- Loss of household services (day-to-day help, childcare, etc.)
- Loss of companionship, society, guidance, and support
- Emotional anguish and suffering of surviving relatives
- Lost future wages, income, and benefits
Punitive Damages in Wrongful Death Cases
In rare cases, courts may also order punitive damages. These are to punish the responsible party for bad behavior and deter others. Possible grounds for punitive damages include situations involving:
- Intentional or malicious conduct
- Drunk driving, leading to fatal injury
- Acts of gross negligence or extreme recklessness
While punitive damages are not awarded in every wrongful death case, a St. Louis car accident lawyer may help determine whether they could apply after an especially reckless fatal crash.
What Is a Survival Action?
A survival action is a legal claim that allows the estate of a deceased person to pursue the personal injury claim the individual could have brought themselves if they had survived. Unlike wrongful death claims, which focus on the losses suffered by surviving family members, a survival action addresses the direct damages from the time of injury up until the person’s death. The claim itself belongs to the estate, and any compensation ultimately benefits the estate beneficiaries rather than individual family members directly.
Who Can File a Survival Action?
The legal right to file a survival action typically belongs to the representative of the deceased’s estate. This can be an executor previously designated in a will, an administrator named by the probate court, or another legally appointed estate representative.
What Damages Are Available in a Survival Action?
The damages pursued in a survival action compensate the estate for anything the victim personally suffered, starting from the time of injury up to their death. Recoverable survival action damages may include:
- Medical bills and related healthcare expenses resulting from the final injury or treatment leading to death
- Lost wages covering the period after the accident but before death occurred
- Compensation for conscious pain and suffering, including physical and emotional distress during this interval
- Property damage tied to the accident or wrongdoing
- Any other relevant financial costs or personal losses experienced by the deceased before passing
The availability and amount of these damages varies by the specifics of the situation, including how long the person survived and the types of evidence available about their suffering and expenses.
How Survival Action Compensation Is Distributed
Once compensation in a survival action is awarded or settled, these funds usually become part of the deceased’s estate rather than going immediately to survivors:
- If the deceased had a valid will, assets (including survival action recovery) are distributed based on those instructions.
- In the absence of a will, compensation goes through Missouri’s probate process and is allocated according to state inheritance laws.
This process ensures all valid claims and debts are resolved before any remaining amount is passed forward to the lawful heirs or beneficiaries.
In many fatal accident cases, wrongful death and survival-type claims are pursued together. This is especially common when the person survived for a period of time after the accident and incurred medical treatment, pain, or financial losses before passing away.
Contact a Wrongful Death Lawyer For Help
We understand how difficult it is to lose a loved one, and lawsuits may not be the first thing on your mind.
That being said, it’s your right to file a civil claim in many situations, and compensation can help relieve some of the financial burdens families face after a tragic loss. If you have any questions, contact us today to schedule your free consultation so we can go through your options with you.