Missouri Wrongful Death Settlement Calculator
Mo. Rev. Stat. § 537.100 — 3 years after the cause of action accrues, treated in practice as the date of death. § 537.080 sets a strict tiered priority of who may sue, one class at a time. No statutory cap on contingency fees, only a reasonableness standard under Rule 4-1.5.
How much is a Missouri wrongful death settlement worth? This review did not verify settlement-value data for Missouri, so no figure is given here. What is established: the 3-year filing deadline under Mo. Rev. Stat. § 537.100 and the tiered class system under § 537.080 governing who may bring the claim.
⚖ Mo. Rev. Stat. § 537.100: 3 years after the cause of action accrues (in practice, the date of death). § 537.080 sets a strict tiered priority — only one class may sue at a time.
Your Injury
Your Estimated Settlement
$36,000 — $66,000
Pain and suffering = $15,000 in medical bills × 3.0 severity multiplier. Your bills are already included in that figure, so they are not added again.
What you'd actually take home
- Estimated settlement
- $51,000
- Attorney fee (33–40%)
- −$17,000 to −$20,400
- Roughly yours
- $30,600 – $34,000
Not included: case costs (court filing, expert witnesses, medical records) and any medical liens or health-insurance reimbursement. Those come out of your share too, so treat the figure above as an upper bound.
Keep this estimate — it is gone when you close the tab.
Editorially Reviewed — Content reviewed for accuracy using published legal research, government data, and verified court records. See our methodology
Reviewed by Leonard Goldberg, Editor · Last updated
Missouri Wrongful Death — Filing Deadline and Who May Sue
Under Mo. Rev. Stat. § 537.100, a wrongful death action in Missouri must be commenced within three years after the cause of action accrues: "Every action instituted under section 537.080 shall be commenced within three years after the cause of action shall accrue." The current text, as amended by 2018 S.B. 871, does not itself define when a claim 'accrues' as the date of death — that trigger point is not spelled out verbatim in this limitations provision. It is longstanding Missouri practice to treat the claim as accruing on the date of death, but that is practice, not literal statutory text, and this page treats it as a working assumption rather than a quoted rule.
Several provisions can move that three-year clock. If a defendant is absent from Missouri in a way that prevents personal service, that period of absence does not count toward the three years — it tolls the deadline. After a nonsuit, an arrested judgment, or a reversal on appeal, a new action may be filed within one additional year of that event, even if the original three years has otherwise run. Once a case is filed, the defendant must be served within 180 days; missing that window results in dismissal, and if there was an earlier nonsuit, that dismissal is with prejudice.
Missouri uses a strict tiered system for who may bring the claim, under Mo. Rev. Stat. § 537.080. Only one class may sue at a time, and a later class may act only if no one in an earlier class exists. Class 1 is the spouse, children (or the surviving lineal descendants of a deceased child), or the father or mother of the decedent. Class 2 — a brother or sister of the decedent, or their descendants, who can establish a right to share in the damages — may sue only if no Class 1 person exists. Class 3, a court-appointed 'plaintiff ad litem' appointed on application of a person entitled to share in the proceeds, applies only if neither Class 1 nor Class 2 exists. Only one action may be brought against any one defendant for a given death. On fees, Missouri sets no statutory cap on contingency fees in a wrongful death case — § 484.130 RSMo says a fee arrangement is 'not restrained by law,' but that does not mean unlimited: the fee remains subject to the reasonableness standard under Missouri Supreme Court Rule 4-1.5. A separate provision, § 287.260.1 RSMo, regulates fees in workers' compensation cases specifically, a distinct system.
Missouri Wrongful Death FAQs
Who can file a wrongful death claim in Missouri?
Under § 537.080, Class 1 — spouse, children (or the surviving lineal descendants of a deceased child), or a parent of the decedent — has the first right to sue. A sibling or their descendants (Class 2) may sue only if no Class 1 person exists.
How long do I have to file a wrongful death claim in Missouri?
Three years after the cause of action accrues, under Mo. Rev. Stat. § 537.100. The statute does not itself define 'accrue' as the date of death — that is longstanding Missouri practice, not literal statutory text — but it is the working assumption for this deadline.
Does anything pause the three-year deadline?
Yes. If a defendant is absent from Missouri such that personal service cannot be made, that period of absence does not count toward the three years. After a nonsuit, an arrested judgment, or a reversal on appeal, a new action may be filed within one additional year of that event.
What happens if I file but don't serve the defendant in time?
The defendant must be served within 180 days of filing. Missing that window results in dismissal — and if there was an earlier nonsuit, the dismissal is with prejudice, meaning the claim cannot be refiled.
Can siblings or other relatives file if there's a surviving spouse or child?
No. Missouri's system is strictly tiered: Class 2 (siblings and their descendants) may bring the claim only if no Class 1 person — spouse, children, surviving lineal descendants of a deceased child, or a parent — exists. Only one class may act at a time.
What is a 'plaintiff ad litem' in Missouri?
It is a court-appointed representative who may bring the wrongful death action when neither a Class 1 nor a Class 2 person exists, appointed on the application of someone entitled to share in the proceeds. This is the Class 3 option under § 537.080.
Is there a cap on the attorney's contingency fee?
No statutory percentage cap for a wrongful death claim. § 484.130 RSMo says a fee arrangement is 'not restrained by law,' but the fee must still meet the reasonableness standard under Rule 4-1.5. § 287.260.1 RSMo separately regulates fees in workers' compensation cases, a different system.
How much is a Missouri wrongful death settlement worth?
This review did not verify settlement-value data for Missouri, so no figure is given here. What is established is the three-year filing deadline under § 537.100 and the tiered class system under § 537.080 governing who may bring the claim.
Related
Wrongful Death Calculators by State
Wrongful-death damages, caps, and who can file vary by state:
Other Calculators for Missouri
Each Missouri calculator reflects state-specific laws (caps, statutes of limitations, comparative-negligence rules) and uses Missouri verdict data where available.