If someone you love died in a St. Louis car crash, Missouri law lets close family members seek compensation through a wrongful death claim. That claim usually must be filed within three years of the death.
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Christopher R. Dixon, a Super Lawyers® trial lawyer, secured a $12,000,000 wrongful death recovery for the family of a young girl killed in a car accident.
Call 314-208-2808 any time, day or night.
Key Takeaways
On This Page:
This page is for families who lost someone in a car, SUV, or pickup crash in the St. Louis area. It explains how a Missouri wrongful death claim works.
It doesn’t cover criminal defense of a driver, deaths caused by medical malpractice, or crashes governed by Illinois law. For Missouri death claims of every kind, start with our St. Louis wrongful death lawyer page. If your loved one survived with serious injuries, our St. Louis car accident lawyer page is the better fit.
A fatal crash claim decides practical, lasting things. It can determine whether a household replaces a lost paycheck and who covers the funeral and final hospital bills. It can also decide whether the people responsible ever answer for what happened.
Under Missouri law, a wrongful death lawsuit generally must be filed within 3 years, and that period starts on the date of death (RSMo § 537.100). The deadline doesn’t wait for the police investigation or a criminal case to finish.
A single crash can create more than one claim, and each claim has its own deadline. Here’s how they compare.
| Claim | Deadline | Source | What to know |
|---|---|---|---|
| Wrongful death claim by eligible family | 3 years from the date of death | RSMo § 537.100 | Runs even while a criminal case is pending |
| Injury claim by a surviving driver or passenger | 5 years | RSMo § 516.120 | Confirm early, because case-specific facts can affect timing |
| Vehicle and property damage | 5 years | RSMo § 516.120 | The vehicle may be key evidence, so get advice before releasing it to salvage |
| Crash involving a government vehicle | Separate notice and immunity rules may apply | Depends on the public entity involved | Check right away, before relying on the 3-year period |
| Uninsured motorist claim under the family’s own policy | Policy notice and reporting conditions apply | RSMo § 379.203.1 and the policy terms | Read the policy’s notice section early |
The filing deadline is years away. Much of the evidence won’t last that long.
An event data recorder is a module in many vehicles that stores information such as speed and braking in the moments before a crash. Once a vehicle is crushed or scrapped, that data may be gone for good.
Christopher R. Dixon has practiced since 2007 and has recovered more than $60 million for injured clients and their families. He handles fatal crash claims as a trial lawyer with a background in finance. Those two skills matter here, because a death claim turns on proof of fault and on the math of a lifetime loss.
Our Impact-to-Recovery Framework sets out the order of decisions in a Missouri car crash claim, from preserving evidence to deciding whether to file suit. It’s a planning tool, not a promise. Every family’s facts and insurance terms are different. Experts in reconstruction, medicine, or economics are brought in case by case, not by default.
If an offer reflects the documented fault, damages, and coverage, settling may serve the family best. If the deadline approaches while talks continue, suit is filed to protect the claim.
If you’d like to know where your family’s situation fits in these six steps, call 314-208-2808. Bring the crash report number and any letters from insurers.
In Missouri, RSMo § 537.080 sets a priority order for who can file. The spouse, children, descendants of deceased children, and the parents of the deceased share first priority. Siblings or their descendants may file only if no first-class survivor exists, and a court-appointed plaintiff ad litem steps in only if neither class has a survivor.
A wrongful death claim is a civil lawsuit that eligible family members bring when someone’s negligence or wrongful act causes a death. It compensates the family for its own losses.
| Priority | Who is included | When they may file |
|---|---|---|
| Class 1 | Spouse, children, descendants of deceased children, and the father or mother of the deceased | First priority |
| Class 2 | Brothers and sisters, or their descendants | Only if no Class 1 survivor exists |
| Class 3 | Plaintiff ad litem appointed by the court | Only if no Class 1 or Class 2 survivor exists |
A plaintiff ad litem is a person the court appoints to bring the claim when no family member in the first two classes survives.
Siblings are part of the statute. They can bring a claim, but only when no spouse, child, descendant of a deceased child, or parent survives.
Blended families, estranged parents, and adult children in different states often raise questions about who should take the lead. Answer those questions early, before anyone signs a document from an insurer. Our Missouri wrongful death guide explains the broader process for every type of death claim.
In a Missouri wrongful death claim, compensation commonly covers funeral costs, medical bills before death, lost financial support and services, and the loss of companionship and guidance. What a family can recover in a specific case depends on the proof of fault, the documented losses, and the insurance available to pay.
These are the losses with a paper trail:
Some losses don’t come with a receipt. A child loses a parent’s guidance. A spouse loses a partner’s comfort and counsel. These losses are real, and families can seek compensation for them.
If your loved one survived for a time after the crash, their pain and medical care during that period may also become part of the claim. How those losses are presented depends on the facts.
Here’s why that matters. Families often see today’s bills, while the larger loss lies in the future: the paychecks, retirement contributions, and help at home that won’t arrive.
Measuring wrongful death compensation means projecting those losses with documents, not guesses. Wage records, tax returns, and benefit statements build that picture. Before your family responds to any number, read our guide on whether to accept an insurance company’s first offer.
In Missouri, a driver who causes a death while impaired, distracted, or working can be held responsible in a civil claim, and an employer may share that responsibility. The civil claim stands apart from any criminal charge, so a family doesn’t need a conviction to pursue it.
Crash deaths by the numbers:
You can explore the national figures through NHTSA crash data.
Evidence gathered in a criminal investigation, such as test results and officer observations, may become important in the family’s civil case. We work to obtain those records as the case allows.
In limited circumstances, Missouri law may allow a claim against a bar or store that served alcohol. These claims carry strict requirements, so we evaluate them carefully rather than assume they apply. For more on impaired-driver cases, see our page on St. Louis drunk driving accident claims.
Phone use often leaves a digital trail. In a lawsuit, that trail may be requested through discovery.
Discovery is the formal stage of a lawsuit when each side can request documents, records, and sworn testimony from the other. It’s often where phone records and company policies come to light.
When a driver was working at the time, the employer and its commercial insurance may be part of the claim. Delivery vans, company pickups, and tractor-trailers on I-70 or I-270 can all raise this question. Crashes involving big rigs follow federal trucking rules, which our St. Louis truck accident lawyer page covers. Rideshare crashes raise their own coverage questions, explained on our St. Louis rideshare accident page.
Missouri follows pure comparative fault under Gustafson v. Benda, 661 S.W.2d 11 (Mo. banc 1983). Any share of fault assigned to the person who died reduces the family’s damages by that percentage, but it doesn’t bar the claim, even if that share is above 50%.
Pure comparative fault is a rule that divides responsibility for a crash by percentage. It reduces a recovery by the injured person’s share instead of wiping it out.
A simple hypothetical: a jury finds the other driver 80% at fault and the person who died 20% at fault. The family’s damages are reduced by 20%. They aren’t lost.
Every Missouri driver owes “the highest degree of care” under RSMo § 304.012. That standard applies to the person who died, too. Insurers know this. They may argue your loved one was speeding, distracted, or slow to react, because each percentage point lowers what they pay. Our guide to insurance company tactics explains these moves.
Most families miss this part. The officer’s crash report is an important record, but it’s written quickly, sometimes before video or vehicle data is available.
We treat it as a starting point and test it against the physical evidence. For a deeper look, read our guide on proving fault in Missouri car accidents.
Under RSMo § 379.203.1, every auto liability policy issued in Missouri must include uninsured motorist coverage at least at state minimums. That coverage reaches a hit-and-run driver who left before being identified, whether or not the vehicles made physical contact. The policy’s notice and reporting conditions still apply, so they need attention early.
Uninsured motorist coverage is part of an auto policy that pays when the at-fault driver has no insurance or can’t be identified.
This isn’t rare. More than 1 in 7 drivers (15.4%) on U.S. roads was uninsured in 2023 (Insurance Research Council, 2025).
But there’s a catch. Missouri’s minimum liability coverage is $25,000 per person, $50,000 per accident, and $25,000 for property damage.
Policy limits are the most an insurance policy will pay for a covered claim. A minimum policy may be far smaller than a family’s lifetime loss. That’s why we look for other sources, including employer policies, umbrella coverage, and the family’s own underinsured motorist coverage if the policy includes it.
In one documented case, our client was hit by a driver with no insurance. We pursued the client’s own uninsured motorist carrier and obtained the $1,000,000 policy limits.
In another, a passenger suffered life-altering injuries when an intoxicated driver ran off the road and into a tree. The applicable policies couldn’t cover the losses, and the case resolved in a confidential settlement.
In Missouri, the criminal case and the wrongful death claim run on separate tracks. Prosecutors bring the criminal case to punish a crime, while eligible family members bring the civil claim to recover compensation. One doesn’t decide the other.
| Question | Criminal case | Wrongful death claim |
|---|---|---|
| Who brings it | The prosecutor, such as the St. Louis City Circuit Attorney’s Office or the St. Louis County Prosecuting Attorney’s Office | An eligible family member under RSMo § 537.080 (spouse, children, or parents first, then siblings), or a court-appointed plaintiff ad litem if none exists |
| What it decides | Whether the driver committed a crime and what punishment applies | Whether a party is legally responsible for the death and owes compensation |
| The family’s role | Victims and possible witnesses | The family is the party bringing the case |
| Who controls decisions | The prosecutor | The family, with its attorney |
| Deadline | Set by criminal law and the court | 3 years from the date of death (RSMo § 537.100) |
Many families assume they should wait until the criminal case ends. We disagree. The 3-year civil deadline starts at death, and video and vehicle data can disappear long before a criminal case wraps up.
A guilty plea doesn’t pay a funeral bill. A dropped charge doesn’t end a civil claim. Starting the civil investigation early protects evidence the family may need either way.
Christopher R. Dixon secured a $12,000,000 wrongful death recovery for the family of a young girl killed in a car accident. The results below come from the firm’s documented case history.
| Result | Case type | What the case involved |
|---|---|---|
| $12,000,000 recovery | Wrongful death, car accident | Family of a young girl killed in a car accident |
| $1,175,000 settlement | Car accident injury | Client injured in an automobile crash in St. Louis County |
| $1,000,000 settlement | Uninsured motorist claim | Client’s own carrier paid policy limits after an uninsured driver caused the crash |
| Confidential settlement | Intoxicated driver crash | Passenger with life-altering injuries that available policies couldn’t cover |
Christopher’s recognition includes The Best Lawyers in America® 2027 — Personal Injury Litigation – Plaintiffs, Super Lawyers®, and Lifetime Membership, Million Dollar Advocates Forum. The firm holds a 5-star Google rating across 406 reviews.
These results describe our background. They don’t predict what will happen in your family’s case.
In Missouri, a wrongful death lawsuit is filed in a state circuit court. Which court hears a case depends on Missouri’s venue rules, where the crash happened, and who is being sued, so the proper court is confirmed for each claim.
Claims in our area are commonly filed in one of these courts:
Once a case is filed, your case notice shows the assigned division. You can look up public case information through Missouri Courts. Timing varies with the court’s docket, the number of parties, and how contested the facts are.
A fatal crash on Interstate 64 (Highway 40), I-55, I-44, or I-270 creates records with several agencies. Depending on location, the investigating agency may be the St. Louis Metropolitan Police Department, the St. Louis County Police Department, a municipal department such as Florissant’s, or the Missouri State Highway Patrol.
Medical records may come from trauma hospitals such as Barnes-Jewish Hospital, Saint Louis University Hospital, or Mercy Hospital St. Louis. Findings may also come from the City of St. Louis or St. Louis County medical examiner’s office. Gathering these records from the right agency is part of step one.
St. Louis families cross into Illinois every day. A crash in the Metro East may fall under Illinois law, which has its own rules and deadlines. Christopher Dixon is admitted to both the Missouri Bar and the Illinois Bar. Confirm early which state’s law applies.
We take fatal crash cases on a contingency fee, so your family pays no attorney fee unless we recover compensation. A contingency fee is an attorney fee paid as a share of the recovery instead of by the hour. Case expenses are a separate item. Ask us how expenses are handled before you sign anything.
Our commitments are simple and specific:
Born and raised in St. Louis, Christopher R. Dixon also co-founded The St. Louis Suit Project, a 501(c)(3) charitable organization.
You don’t need everything. Bring what you have:
The information on this page is for general informational purposes and does not constitute legal advice. Every case is different, and past results do not guarantee future outcomes. Please consult an attorney about your family’s specific situation.
Your family has 3 years from the date of death to file a Missouri wrongful death lawsuit. The video, vehicle data, and witness memories that prove what happened may not last nearly that long.
You don’t have to sort this out alone. Call The Dixon Injury Firm at 314-208-2808, day or night, to talk with an attorney about your loved one’s case. We represent families in St. Louis, Clayton, Florissant, and St. Charles County, and you pay nothing unless we recover for you.
In Missouri, a family may have a wrongful death claim when another party’s negligence caused the death. That includes a careless driver, an employer, or the maker of a defective vehicle. The answer depends on the evidence of fault and on whether an eligible family member under RSMo § 537.080 brings the claim. Shared fault doesn’t end the claim under Missouri’s pure comparative fault rule, but it can reduce the recovery.
A Missouri wrongful death lawsuit generally must be filed within 3 years, and the period starts on the date of death (RSMo § 537.100). The deadline keeps running during a criminal case. Claims involving a government vehicle may also involve separate notice and immunity rules. Insurance policies often have their own notice conditions, so check those right away.
We handle fatal crash claims on a contingency fee. That means no attorney fee unless we recover compensation for your family. Case expenses are separate from the attorney fee. Ask us how they’re handled before you sign a fee agreement.
No honest lawyer can give a number before reviewing the evidence. Value depends on the proof of fault, any share of fault assigned to your loved one, the documented financial and personal losses, and the insurance available to pay. A minimum Missouri auto policy is only $25,000 per person, so the coverage search often matters as much as the loss itself.
Not before you understand what it covers and what it leaves out. An early offer may not account for the future income, benefits, and household help your loved one would have provided. Once you sign a release, you generally can’t reopen the claim. Have the offer reviewed against the documented losses and all available coverage first.
Missouri follows pure comparative fault under Gustafson v. Benda (1983). Your family’s damages are reduced by your loved one’s percentage of fault, but the claim isn’t barred, even above 50%. Insurers often argue shared fault because every percentage point lowers what they pay. That’s why the physical evidence matters.
Yes, in some situations. Under RSMo § 537.080, siblings or their descendants may file only if no spouse, child, descendant of a deceased child, or parent survives. If no one in either group survives, the court can appoint a plaintiff ad litem to bring the claim.
Every Missouri auto liability policy must include uninsured motorist coverage under RSMo § 379.203.1. It covers hit-and-run drivers who left before being identified, whether or not the vehicles touched. The policy’s notice and reporting conditions still apply. Underinsured motorist coverage, if the family’s policy includes it, may help when the at-fault driver’s limits are too low.
Generally, no. The criminal case and the civil wrongful death claim are separate, and the 3-year civil deadline starts at death. Video, vehicle data, and witness memories can fade while a criminal case moves through court. Starting the civil investigation early protects that evidence.
There’s no standard timeline. Timing depends on how quickly evidence is gathered, whether fault is disputed, how many parties and insurers are involved, and whether the case settles or is filed in court. A claim that moves to a lawsuit follows the assigned court’s schedule.
Many claims resolve through negotiation, but some don’t. The decision depends on whether an offer reflects the documented fault, losses, and coverage. Preparing a case as if it will be tried helps test how the evidence would hold up. Your family makes the final decision about any settlement.
Bills don’t pause for a lawsuit, and that pressure is real. Depending on the policies involved, health insurance or other coverage may apply to some expenses. We can review those policies with you. Try not to let financial strain push your family into an early settlement before the losses are fully documented.
Many personal injury law factories get as many clients in the door as possible, hoping one will be the jackpot. Not us. At The Dixon Injury Firm, we’re highly selective about our cases because we devote considerable time and attention to each client.
