When someone dies due to negligence, Missouri law recognizes two separate legal claims that may arise from the same incident: a wrongful-death action and a survival action.
Although they stem from the same loss, these claims serve different legal purposes, compensate different harms, and distribute money in different ways. Understanding the distinction is critical — because failing to pursue the correct claim, or confusing the two, can significantly reduce a family’s total recovery.
This guide explains how wrongful-death and survival actions differ in Missouri, when both may be filed, and how families can pursue full compensation without violating the law.
Legal Purpose of Each Type of Claim
Wrongful-Death Action
A wrongful-death claim exists to compensate surviving family members for their own losses caused by the death.
The focus is not on what the deceased experienced, but on what the family lost — emotionally, financially, and relationally.
The claim belongs to statutory beneficiaries such as spouses, children, and parents.
Survival Action
A survival action, by contrast, represents the legal claims the deceased could have brought had they lived.
Instead of being extinguished at death, these claims “survive” and are pursued by the deceased’s estate.
The focus is on harm suffered before death, not after.
Because the two actions compensate different injuries, Missouri law allows both to proceed in appropriate cases.
Damages Recoverable in Wrongful-Death Actions
Wrongful-death damages compensate the family’s losses resulting from the death itself.
These may include:
- Loss of companionship and emotional support
- Loss of guidance, care, and nurturing
- Loss of financial support and services
- Funeral and burial expenses
- Grief and mental anguish
In some cases, punitive damages may also be available when the defendant’s conduct was outrageous or showed reckless indifference.
Wrongful-death compensation is distributed to statutory beneficiaries and does not become part of the probate estate.
Damages Recoverable in Survival Actions
Survival actions focus on the deceased person’s own suffering and losses between the injury and death.
Recoverable damages may include:
- Conscious pain and suffering
- Medical bills incurred prior to death
- Lost wages prior to death
- Emotional distress experienced before death
These damages belong to the estate and are distributed according to probate law — not wrongful-death statutes.
Even when death occurs quickly, survival claims may still exist if evidence shows the person experienced conscious pain or awareness before passing.
Filing Both Claims Without Double Recovery
Missouri law allows both wrongful-death and survival actions to be filed simultaneously, provided there is no double recovery for the same damages.
This means:
- Family losses are pursued through wrongful-death claims
- Decedent’s personal losses are pursued through survival claims
Courts carefully distinguish which damages belong to which claim.
Proper pleading and case structure are essential. If claims are improperly combined or mislabeled, compensation may be reduced or dismissed.
When handled correctly, pursuing both actions often results in substantially higher overall recovery for families.
Strategic Considerations for Plaintiffs
Determining whether to file one claim or both requires careful evaluation of the facts.
Strategic considerations include:
- Whether the deceased experienced conscious pain
- Length of time between injury and death
- Available medical documentation
- Financial dependence of survivors
- Estate structure and beneficiaries
- Potential punitive-damage exposure
- Insurance limits and defendants involved
In many cases, survival actions strengthen wrongful-death negotiations by increasing defendant exposure and trial risk.
Early investigation and evidence preservation are critical to protecting both claims.
If your family has lost a loved one due to negligence, the Law Office of Uhrig & Brown can evaluate whether a wrongful-death claim, a survival action, or both should be pursued — and ensure your rights are fully protected. Call 573-227-6118
