Recovering Funeral Costs and Other Damages After a Fatal Car Crash in Missouri

No amount of money can bring back your lost loved one. That is a truth every grieving family knows. But the financial burden that follows a fatal car accident can feel just as crushing as the emotional toll, sometimes even more so when the bills start arriving before you have had time to process what happened.

Funeral and burial costs in the United States now range from $7,000 to $12,000 for a traditional service, according to the National Funeral Directors Association. For families in Missouri who are already reeling from an unexpected tragedy, that expense can be devastating. And the cost of the funeral is often just the beginning.

Perhaps what makes this situation feel so unfair is that someone else’s negligence may have caused it all. A distracted driver, a drunk motorist, a reckless truck operator. When another person’s actions lead to a fatal collision, Missouri law provides a path for surviving families to seek reimbursement for those expenses and much more.

What This Page Covers

This page walks you through:

• How Missouri’s wrongful death statutes allow recovery of funeral and burial expenses
• Who is legally eligible to file a claim on behalf of the deceased
• The types of compensation available are beyond just funeral-related charges
• Time limits for taking legal action
• How insurance factors into the process
• Why working with a personal injury attorney makes a real difference

Missouri’s Wrongful Death Law and Funeral Expense Recovery

Missouri Revised Statutes Section 537.080 through 537.100 govern wrongful death claims in the state. These statutes lay out who can file, what damages are recoverable, and the timeline for bringing a case to court.

Under RSMo 537.090, the trier of fact (a jury or judge) may award damages for a range of losses, and funeral expenses are specifically listed as a recoverable category. The statute uses broad language, allowing compensation for pecuniary losses suffered because of the death, along with the reasonable value of services, companionship, comfort, guidance, counsel, training, and support that the surviving family has been deprived of.

What stands out about Missouri’s approach is that there is no cap on wrongful death damages in most situations. The one exception involves medical malpractice cases, where non-economic damages are capped at $700,000. For deaths resulting from vehicle collisions caused by negligence, that cap does not apply.

Funeral and Burial Expenses as Economic Damages

Funeral and burial expenses fall under the umbrella of economic damages. These are tangible, documented costs that families incur as a direct result of the fatal accident. Unlike non-economic damages such as loss of companionship or emotional suffering, funeral-related charges are relatively straightforward to prove because there are receipts, invoices, and contracts.

Recoverable funeral and burial costs typically include:

• Funeral home service fees
• Casket or urn purchase
• Embalming and body preparation
• Transportation of remains
• Cemetery plot and headstone
• Flowers, programs, and memorial service expenses
• Obituary publication fees

Who Can File a Wrongful Death Claim in Missouri?

Not just anyone can bring a wrongful death action. Missouri law establishes a specific hierarchy of family members who are eligible to pursue the case.

Class 1 claimants include the deceased person’s spouse, children (including adopted and biological), surviving grandchildren of deceased children, and parents of the deceased. This group has priority.

Class 2 claimants are siblings of the deceased or their descendants. They can only file if no Class 1 members exist or are willing to bring the action.

If neither class has eligible members, the court may appoint a plaintiff ad litem, a suitable person who prosecutes the action on behalf of those entitled to share in any recovery.

One critical detail: only one wrongful death action may be brought against any single defendant for the same death. If multiple family members wish to pursue damages, they must join together in a unified case. The court ultimately decides how any awarded funds are distributed among the eligible parties.

What Happens if Multiple Relatives Disagree?

It is not uncommon for disagreements to arise among surviving family members about whether to file, when to file, or how to split any recovery. In those situations, the court steps in. Missouri courts require that anyone bringing the action demonstrate a diligent attempt to notify all persons who have standing to participate. If relatives cannot reach an agreement on their own, a judge will determine the allocation based on each person’s relationship to the deceased and the losses they can prove.

Types of Compensation Beyond Funeral Costs

While funeral and burial expenses are a significant part of a wrongful death claim, they represent only a fraction of what families may be able to recover. Missouri law recognizes several other categories of damages.

Pecuniary Losses

These include the financial support the deceased would have provided had they lived. Lost wages, employment benefits, retirement contributions, and the projected earning capacity over their remaining working years are all considered. The deceased’s age, occupation, health, and earning history all factor into this calculation.

Loss of Services and Support

The value of household services the deceased performed, such as childcare, home maintenance, transportation, and general daily support, can be calculated and claimed. Missouri law also creates a rebuttable presumption for those who were not employed full-time but were at least 50% responsible for caring for minors, disabled persons, or individuals over 65. In such cases, the value of that care is presumed to equal 110% of the state average weekly wage.

Loss of Consortium, Companionship, and Guidance

These non-economic damages capture the emotional and relational void left by the deceased. The loss of a parent’s guidance for minor children, the absence of a spouse’s companionship, and the void of a child’s presence in a parent’s life are all compensable under Missouri’s statute.

Medical Expenses Before Death

If the deceased survived for any period between the injury and their passing, the medical bills accumulated during that window are recoverable. This includes hospital stays, surgeries, medication, ambulance fees, and rehabilitation efforts.

Pain and Suffering of the Deceased

RSMo 537.090 allows recovery for damages the deceased suffered between the time of injury and the time of death. If the person experienced conscious pain, fear, or distress during that interval, those losses can be pursued through what is sometimes called a survival component of the claim.

Wrongful Death Claims Versus Survival Actions in Missouri

This is an area where people often get confused, and understandably so. Both types of legal actions can stem from the same fatal incident, but they serve different purposes.

A wrongful death claim is brought by surviving family members to recover their own losses resulting from the death. This covers funeral and burial costs, lost financial support, and the emotional toll of losing a loved one.

A survival action, on the other hand, is filed by the personal representative of the deceased’s estate. It seeks compensation for what the deceased person endured before dying, including their medical bills, lost wages from the date of injury to the date of passing, and conscious pain they experienced.

Under RSMo 537.020, survival actions are permitted when the deceased had an existing personal injury claim that did not abate upon their passing. In many situations involving car crashes where the victim does not die at the scene, both actions proceed simultaneously.

One important distinction: punitive damages may be available through a survival action but are not recoverable in a wrongful death claim under Missouri law. This means that if the at-fault driver’s conduct was particularly reckless or egregious, the estate may pursue additional penalties through the survival path.

Feature	Wrongful Death Claim	Survival Action
Filed by	Surviving family members (spouse, children, parents, siblings)	Personal representative of the deceased’s estate
Purpose	Compensates the family for their losses	Compensates for the deceased’s losses before passing
Damages covered	Funeral costs, lost support, consortium, companionship	Medical bills, lost wages, pain, and suffering before death
Punitive damages	Not available	May be available
Governing statute	RSMo 537.080	RSMo 537.020
Filing deadline	Three years fromthe  date of death	Three years from the date of death

The Statute of Limitations: Three Years, No Exceptions

Under RSMo 537.100, every wrongful death action must be commenced within three years from the date the cause of action accrues. For most fatal car accidents, that means three years from the date of death, not the date of the collision itself.

This distinction matters. Consider a scenario where someone sustains severe injuries in a crash but survives for several weeks or months before ultimately succumbing to those injuries. The clock starts ticking on the day they pass away.

Missing this deadline is almost always fatal to the case, regardless of how strong the evidence might be. Missouri courts enforce this rule strictly, and filing even one day late will likely result in dismissal. There are very limited exceptions:

• If the defendant leaves the state or cannot be served with process, that absence may toll the limitations period
• Cases involving government entities may have shorter notice requirements
• Medical malpractice wrongful death cases have a two-year filing deadline

The safest approach is to consult with a personal injury attorney as soon as possible after the loss. Evidence fades quickly. Witnesses relocate. Surveillance footage gets deleted. Acting promptly protects both the legal claim and the quality of evidence supporting it.

Do Car Insurance Companies Pay for Funeral Expenses?

This is a question families ask early on, and the answer is: it depends on the specific policy and situation.

The At-Fault Driver’s Liability Coverage

If the other driver caused the fatal accident, their auto liability insurance should cover damages, including funeral expenses. Missouri requires a minimum of $25,000 in liability coverage per person for bodily injury. However, that minimum is rarely sufficient when a death has occurred, given the scale of total damages involved.

Your Own Policy’s Provisions

Several types of coverage on the deceased person’s own policy may also come into play:

• Uninsured/underinsured motorist coverage can fill the gap when the at-fault driver has no insurance or insufficient limits
• Medical payments coverage (MedPay) may cover some immediate expenses regardless of who was at fault
• Personal injury protection can also provide limited early payouts in certain policy structures

Filing an Insurance Claim vs. a Wrongful Death Lawsuit

Insurance claims and wrongful death lawsuits are not mutually exclusive. Many families file an insurance claim first to receive faster payment for immediate expenses, such as funeral arrangements. If the insurance payout does not fully cover all losses or the insurer denies or undervalues the claim, a wrongful death lawsuit is the next step.

Insurance companies are businesses with their own financial interests. They often attempt to settle quickly and for amounts far below the claim’s actual value. Having legal representation during this process helps ensure families are not shortchanged.

What Happens Legally After Someone Dies in a Car Accident?

The aftermath of a fatal collision involves multiple overlapping processes, and it can be overwhelming for a family already in grief. Here is a general outline of what to expect.

Immediate Steps

• Law enforcement investigates the scene and files an accident report
• The coroner or medical examiner determines the cause and manner of passing
• The surviving family makes funeral arrangements
• The deceased’s insurance company is notified

Legal Steps

• An attorney reviews the facts to determine whether a wrongful death claim is viable.
• The at-fault party’s insurance company is contacted
• Evidence is gathered, including police reports, witness statements, medical records, and expert analysis
• A wrongful death action is filed within the three-year statute of limitations
• Settlement negotiations begin, and if unsuccessful, the case proceeds to trial

Probate Considerations

If a survival action is also being pursued, a personal representative must be appointed through the probate court. The deceased’s estate handles this separately under a distinct legal track. Any recovery from the survival action goes to the estate rather than directly to family members.

How Comparative Fault Affects Your Recovery

Missouri follows a pure comparative fault system. This means that even if the deceased was partially at fault for the crash, the surviving family can still recover damages. However, the total award is reduced by the percentage of fault assigned to the deceased.

For example, if a jury awards $500,000 in damages but determines the deceased was 20% responsible for the collision, the family would receive $400,000. There is no threshold that bars recovery entirely; even at 99% fault, the family could still collect 1% of the awarded damages.

This rule underscores the importance of building a strong case demonstrating the other party’s liability. The more clearly negligence can be established, the less room there is for the defendant to shift blame onto the victim.

Factors That Influence the Value of a Fatal Accident Claim

Every case is different, and the compensation a family ultimately receives depends on numerous variables. Some of the factors that typically influence the value of a wrongful death case include:

• The deceased person’s age and overall health at the time of the crash
• Their earning capacity and employment history
• Whether they were the primary provider for dependents
• The number of surviving family members and the nature of their relationships
• The severity of any conscious pain or suffering before the passing
• The egregiousness of the at-fault party’s conduct
• Available insurance coverage limits
• The strength of evidence supporting the claim

These variables make it virtually impossible to provide a reliable estimate of what any particular case might be worth without a thorough review of the specific facts. An experienced wrongful death lawyer in Missouri can offer a more informed assessment after examining the details.

Why Legal Representation Matters in These Cases

Wrongful death claims involve complex legal procedures, strict deadlines, and powerful insurance companies with experienced defense teams. Going through this process without a personal injury attorney puts families at a significant disadvantage.

A qualified accident lawyer handling these cases will:

• Investigate the crash thoroughly and preserve critical evidence
• Identify all potential sources of recovery, including insurance policies and third-party liability
• Handle communications with insurers so families are not pressured into lowball settlements
• Calculate the full scope of damages, including future lost earnings and non-economic losses
• File all necessary paperwork within the required deadlines
• Represent the family’s interests at trial if negotiations fail

Most personal injury firms in Missouri handle wrongful death cases on a contingency fee basis. That means the family pays nothing up front and owes attorney fees only if there is a successful recovery. This arrangement removes the financial barrier that might otherwise prevent grieving families from seeking justice.

Frequently Asked Questions

Do car insurance companies pay for funeral expenses?

Car insurance companies can pay for funeral expenses, but coverage depends on the policy type and who was at fault. If another driver caused the fatal collision, their bodily injury liability coverage is the primary source of payment. Additionally, the deceased person’s own medical payments coverage or uninsured motorist protection may contribute. Insurance payouts often fall short of total costs, though. When policy limits are insufficient, families may pursue additional recovery through a wrongful death action. The at-fault party’s personal assets could also be subject to collection if the judgment exceeds available insurance proceeds.

What can be claimed under the Fatal Accidents Act?

While the Fatal Accidents Act is a term more commonly associated with British law, Missouri’s equivalent statutes under RSMo 537.080 through 537.100 allow similar types of recovery. Eligible family members may seek damages for pecuniary losses, funeral and burial expenses, lost wages and benefits, the reasonable value of household services, loss of companionship and consortium, and the deceased’s pre-death pain and suffering. Missouri courts also consider mitigating or aggravating circumstances surrounding the incident, though damages specifically for grief and bereavement are not permitted under state law.

What happens if someone dies during a car accident?

When a person dies in a vehicle collision, several legal and administrative processes begin simultaneously. Law enforcement conducts a crash investigation and files an official report. The county coroner examines the remains to determine the official cause and manner of passing. Surviving relatives must arrange for funeral services while also navigating insurance notifications. If the collision resulted from another party’s negligence, eligible family members may file a wrongful death action within three years. An attorney can help families manage these overlapping obligations during an incredibly difficult time.

Does the road accident fund pay for death?

The Road Accident Fund is a government program specific to South Africa, and does not apply to incidents in the United States. In Missouri, there is no equivalent government-administered fund that automatically compensates families after a fatal traffic collision. Instead, recovery comes primarily through the at-fault driver’s liability insurance, the deceased person’s own coverage, and civil wrongful death or survival action lawsuits. Families with limited resources may also explore whether crime victim compensation programs or charitable organizations can assist with immediate expenses while legal proceedings are underway.

Talk to the Missouri Injury Law Firm About Your Case

Losing someone you love in a car crash is something no family should have to face alone. The Missouri Injury Law Firm is here to help you understand your rights, protect your claim, and pursue every dollar of compensation your family is owed.

Contact us today for a free, no-obligation consultation. Let our team handle the legal burden so you can focus on healing.

Related Articles:

Who Can File a Wrongful Death Claim After a Fatal Car Accident in Missouri?

What to Do After a Fatal Car Accident in Missouri

How Long Does a Wrongful Death Car Accident Case Take in Missouri?

What Damages Are Available in a Missouri Fatal Car Accident Case?