Losing someone you care about is devastating—and when that loss stems from another person’s negligence or wrongdoing, the legal aftermath can feel overwhelming. Missouri law recognizes two distinct paths for seeking justice and financial recovery: wrongful death claims and survival actions. While both of these claims may arise from the same tragic event, they serve different purposes and compensate different parties.
Wrongful Death Claims in Missouri
A wrongful death claim arises when someone dies as a result of another person’s wrongful actions, default, or intentional violence. These lawsuits compensate surviving family members for the personal losses they suffer after their loved one’s passing.
Missouri law establishes a strict order for who can file a wrongful death claim. The surviving spouse has first priority, followed by children, then parents of the deceased, siblings, children of the deceased’s siblings, and finally grandparents.
According to Kansas City wrongful death attorneys, these claims acknowledge both the emotional trauma and the financial hardship that an unexpected death brings to a household. Compensation may include:
- Medical bills related to your loved one’s final injury or illness
- Funeral and burial expenses
- Loss of the financial support they would have provided
- Emotional distress and mental anguish experienced by survivors
- Loss of companionship, care, and guidance
Survival Actions in Missouri
While wrongful death claims center on the family’s suffering, a survival action focuses on the rights of the deceased person. This claim allows the deceased’s estate to recover damages that your loved one would have been entitled to pursue if they had lived.
A survival action is filed by the estate’s representative and seeks compensation for expenses and suffering the deceased endured before death. This can include medical expenses incurred between the time of injury and death, pain and suffering your loved one experienced, and lost wages from the injury until the time of passing.
Unlike wrongful death claims, survival actions do not compensate family members for grief or emotional distress. Instead, they hold the responsible party accountable for the harm inflicted on your loved one during their final days, hours, or moments. The recovered damages become part of the deceased’s estate.
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Can You Pursue Both Claims Simultaneously?
Yes, 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 addressed.
Filing both with help from a top-rated Kansas City injury lawyer may be appropriate when your loved one survived the incident for any period of time, received medical treatment before death, or would have had a valid personal injury claim if they had lived.
Keep in mind that wrongful death and survival actions fall under separate statutes, and each claim may involve different parties and procedural steps. Filing deadlines can also vary depending on the circumstances. To protect both claims, families should act promptly and contact an attorney as soon as possible.
Discuss Your Case with a Missouri Wrongful Death Lawyer
After losing a loved one, choosing the right legal path can feel like a complicated decision. The legal experts at Dollar, Burns, Becker, and Hershewe have deep experience handling both wrongful death and survival actions in Missouri. We will evaluate your situation, explain which legal options apply to your case, and pursue every avenue for compensation.
Whether one claim or both apply, our lawyers will build the strongest possible case for your family. Contact us at (816) 876-2600 now to speak with a wrongful death lawyer in Kansas City who can clarify your legal rights and help you take the next step.