When someone dies because of another person's negligence, Missouri law may give your family two distinct legal paths: a wrongful death claim for the losses you've suffered as surviving family members, and a survival action for the harm the deceased person endured before death. These are separate claims — and failing to pursue both can leave a significant portion of your family's compensation on the table.
Attorney Chris Miller handles both claims together, coordinating them in the same civil action so families recover everything Missouri law allows. Before representing families in court, Chris served as a government attorney in the Missouri Department of Labor and administered the Division of Workers' Compensation — giving him a government-side perspective on how these claims are evaluated and what it takes to win.
(573) 499-0200 — Free ConsultationWrongful death and survival claims can arise from the same incident, but they do not compensate the same losses. A wrongful death lawsuit is filed for eligible family members — a surviving spouse, children, or parents — to recover damages for their own losses after a loved one's death. A survival action is filed by the deceased person's estate to recover damages the injured party could have pursued if they had survived.
When handled correctly, pursuing both claims can significantly increase total compensation by addressing medical bills, lost wages, funeral expenses, and the future financial support the deceased would have provided — while also recovering for the pain, suffering, and losses the deceased personally experienced before death.
Before representing families in wrongful death and personal injury cases, Chris Miller served as a government attorney in the Missouri Department of Labor and administered the Division of Workers' Compensation — the state administrative body where disputed injury and death claims are evaluated. That government-side experience means he understands how insurance carriers and opposing counsel assess both wrongful death and survival claims, and how to build the coordinated case that maximizes your family's recovery.
A survival action allows the personal representative of the deceased's estate to pursue the personal injury claim the deceased could have brought if they had survived. These claims focus on harm suffered before death: medical expenses, medical bills, lost wages, and conscious pain and suffering.
Only the court-appointed personal representative has the legal authority to file a survival action. The estate must be opened within one year of the date of death to pursue this claim under Missouri probate guidelines. A survival action can only proceed if the deceased did not die instantly — there must be compensable harm suffered prior to death.
Notably, Missouri courts prohibit per diem arguments for pain and suffering damages in survival actions, making careful evidence preservation and medical records review essential from day one.
A wrongful death lawsuit is a civil court claim for surviving family members' own losses. Under Missouri Revised Statutes § 537.080, Class 1 claimants — the surviving spouse, children, and parents of the deceased — have priority standing to file.
Only one wrongful death lawsuit can be filed per deceased individual. Wrongful death damages cover the family's financial losses (lost income, household services, funeral and burial expenses) and non-economic losses (emotional distress, loss of companionship and guidance). Missouri does not cap these damages in most wrongful death cases, allowing juries to award full compensation for the family's genuine losses.
Missouri law enforces a strict priority tier for who may file, and all parties with standing must be included in the single action.
These two claims are often confused — and the confusion can be costly. Here is how they differ under Missouri law.
| Factor | Survival Action | Wrongful Death Claim |
|---|---|---|
| Who Files | Court-appointed personal representative of the estate | Eligible family members under § 537.080 RSMo |
| Damages Recovered | Pre-death medical expenses, lost wages, conscious pain | Family's financial and emotional losses after death |
| Time Period Covered | Injury through death | Family's losses after the loved one's death |
| Where Proceeds Go | The deceased's estate (may be subject to estate debts) | Directly to statutory beneficiaries |
| Medical Expenses | Pre-death medical bills covered | Funeral and burial expenses covered |
| Pain & Suffering | Deceased's conscious pain before death | Surviving family members' emotional distress |
| Lost Income | Lost wages before death | Lost future earnings and financial support |
| Punitive Damages | Available in appropriate cases | Available in limited circumstances |
| Estate Debts | Proceeds may pass through probate | Compensation goes directly to family |
| Filing Authority | Personal representative only | Eligible Class 1 family members |
Both claims must be carefully structured together. Under Missouri law, all wrongful death and survival claims arising from the same death are consolidated into a single lawsuit. Chris handles the coordination of both claims from the first consultation through final resolution.
We begin by reviewing the circumstances surrounding your loved one's death — identifying who is liable, what insurance policies apply, whether medical malpractice issues are present, and whether the facts support a wrongful death claim, a survival action, or both. We also evaluate filing deadlines immediately: most wrongful death cases have a three-year statute of limitations, which drops to two years in medical malpractice deaths. Survival actions must be filed within three years, and the estate must be opened within one year.
We gather medical records, accident reports, witness statements, employment and wage records, financial documents, and proof of funeral costs. If the cause of death is not immediately known, the statute of limitations may be extended under the discovery rule — starting from the date a reasonable person would know the cause. We work with medical experts and economic specialists when needed to document every damage category.
We prepare and file the legal actions required to protect your family's rights. This may include helping open the deceased's estate, securing appointment of the personal representative through the probate division of the circuit court, and preparing all required filings for both the survival action and wrongful death claim. We coordinate both claims into a single properly structured civil action — a step that requires careful attention to avoid double recovery for the same damages.
We pursue maximum compensation across every available damage category — economic losses (lost future earnings, medical expenses, funeral costs), non-economic losses (emotional distress, loss of companionship), and punitive damages where the conduct warrants them. Missouri does not cap non-economic damages in most wrongful death cases, though medical malpractice cases carry a $700,000 cap. We guide families through settlement distribution, survival action proceeds, and beneficiary allocation so recovery is handled correctly.
Missouri's survival action statute preserves the personal injury claim that the deceased would have had the right to pursue if they had survived. It is a legal mechanism that prevents a negligent party from escaping full accountability simply because their victim died before the lawsuit was filed. When the deceased suffered conscious pain, required medical treatment, or lost wages between the time of injury and the time of death, the survival action recovers for all of it — separate and apart from what the family recovers through the wrongful death claim.
The two claims are consolidated into a single civil action in Missouri, which means one filing, one court, and one coordinated legal strategy. That does not mean they are simple. The personal representative of the estate must be appointed before the survival action can proceed, the estate must be properly opened, and the damages for each claim must be carefully separated to avoid double recovery for the same loss. Families who attempt to navigate this process without legal representation frequently leave money behind — or worse, inadvertently waive one of the claims entirely.
Chris Miller handles wrongful death and survival action cases in Boone County Circuit Court and throughout central Missouri, including Columbia, Jefferson City, Fulton, and surrounding communities. His background working inside the Missouri Division of Workers' Compensation gives him a distinctive perspective on how state agencies and opposing insurance carriers evaluate these claims — and what it takes to build the case that produces maximum recovery for your family.
Filing authority for a survival action is strictly limited to the personal representative of the deceased's estate. That person is appointed by the probate division of the circuit court. If the deceased did not leave a will designating an executor, the court appoints an administrator. Importantly, the estate must be opened within one year from the date of death to preserve survival action rights under Missouri probate guidelines. Waiting too long to open the estate — even if it's still within the three-year statute of limitations for the underlying claim — can forfeit the survival action entirely.
A survival action is only available if the deceased suffered compensable harm prior to death. Missouri law does not allow survival actions when death is instantaneous. If the deceased was injured and survived even briefly before passing — enduring medical treatment, experiencing conscious pain, or being unable to work — those harms are recoverable through the survival action. The evidence required to establish this includes medical records from the period between injury and death, treating physician accounts, and in some cases expert medical testimony about the nature and extent of conscious suffering.
Chris Miller handles every wrongful death and survival action case personally — no handoffs to associates or paralegals. Call today or send a message online.