Effective - 02 Jan 1979
537.020. Action for personal injury or death to survive regardless of death of either party. — 1. Causes of action for personal injuries, other than those resulting in death, whether such injuries be to the health or to the person of the injured party, shall not abate by reason of his death, nor by reason of the death of the person against whom such cause of action shall have accrued; but in case of the death of either or both such parties, such cause of action shall survive to the personal representative of such injured party, and against the person, receiver or corporation liable for such injuries and his legal representatives, and the liability and the measure of damages shall be the same as if such death or deaths had not occurred. Causes of action for death shall not abate by reason of the death of any party to any such cause of action, but shall survive to the personal representative of such party bringing such cause of action and against the person, receiver or corporation liable for such death and his or its legal representatives.
2. The right of action for death or the right of action for personal injury that does not result in the death shall be sufficient to authorize and to require the appointment of a personal representative by the probate division of the circuit court upon the written application therefor by one or more of the beneficiaries of the deceased. The existence of the right of action for death or personal injury that does not result in death shall be sufficient to authorize and to require the appointment of a personal representative for the person liable for such death or injury by the court having probate jurisdiction upon his death upon the written application of any person interested in such right of action for death or injury.
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(RSMo 1939 § 3670, A.L. 1947 V. II p. 225, A.L. 1949 p. 633, A.L. 1955 p. 780, A.L. 1977 S.B. 147, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 3280; 1919 § 4231; 1909 § 5438
Effective 1-02-79
(1971) Where parents of deceased child were not made defendants in plaintiff's suit against child's administrator, they could not bring themselves into that action as counter-claimants for wrongful death. State ex rel. Saupe v. Swink (A.), 475 S.W.2d 466.
(1975) Wrongful death action of husband for wife's death abated on his death sixteen days later and did not pass to his personal representative. Pedroli v. Missouri Pacific Railroad (A.), 524 S.W.2d 882.
Structure Missouri Revised Statutes
Title XXXVI - Statutory Actions and Torts
Chapter 537 - Torts and Actions for Damages
Section 537.010 - Action for damages to property to survive regardless of death of either party.
Section 537.030 - Section 537.010 not to extend to what action.
Section 537.033 - Design professionals — peer review process, requirements.
Section 537.037 - Emergency care, no civil liability, exceptions (Good Samaritan law).
Section 537.050 - Civil action not merged in criminal prosecution.
Section 537.055 - Operation of a motorcycle not evidence of comparative negligence.
Section 537.060 - Contribution between tort-feasors — release of one or more, effect.
Section 537.068 - Court may enter remittitur order or increase jury award, when.
Section 537.069 - Provisions of certain laws applicable to all causes of action.
Section 537.080 - Action for wrongful death — who may sue — limitation.
Section 537.085 - Defenses to wrongful death action.
Section 537.090 - Damages to be determined by jury — factors to be considered.
Section 537.100 - Limitation of action — effect of absence of defendant and nonsuit.
Section 537.105 - Radio station not liable for defamation, when.
Section 537.110 - What words are actionable.
Section 537.115 - Food donation or distribution, limited liability, when.
Section 537.120 - Physician not liable for restraint of mentally incapacitated persons.
Section 537.125 - Shoplifting — detention of suspect by merchant — liability presumption.
Section 537.130 - Liability for damages caused by riotous assemblage.
Section 537.170 - Waiver of rights to damages by blind employee.
Section 537.190 - Fellow servant defined.
Section 537.200 - Vice-principals defined.
Section 537.210 - Contracts limiting liability invalid.
Section 537.220 - Construction and application of sections 537.180 to 537.210.
Section 537.240 - Railroads and railroad corporation or companies — terms construed.
Section 537.270 - Insufficient fence on railroad — stock killed — damages.
Section 537.280 - Injury to stock by railroad — agreed damages — payment, when.
Section 537.290 - Failure to pay agreed damages — double damages.
Section 537.295 - Agricultural operation not to be deemed a nuisance, when — exceptions — costs.
Section 537.300 - Penalty for driving away of others' stock by drovers.
Section 537.310 - Proceedings under section 537.300.
Section 537.320 - Judgment — execution.
Section 537.345 - Definitions for sections 537.345 to 537.347 and 537.351.
Section 537.348 - Landowner liable, when — definitions.
Section 537.350 - Double damages for throwing down gates and fences — exception.
Section 537.360 - Single damages only recoverable, when.
Section 537.370 - Penalties, how recovered.
Section 537.380 - Fires from railroad engines — damages.
Section 537.400 - Double damages for willful fires.
Section 537.410 - Damages for backwater caused by boom across stream — attorney's fee.
Section 537.420 - Tenant for life or years liable for treble damages for waste.
Section 537.430 - Who may sue.
Section 537.440 - Heirs may sue for waste, when.
Section 537.450 - Tenant holding land after having aliened it liable for waste.
Section 537.460 - Tenants liable to cotenants, when.
Section 537.470 - Conservators, liable for waste, when.
Section 537.480 - What damages recovered for waste.
Section 537.490 - Treble damages if waste was wantonly committed.
Section 537.500 - Where waste committed pending suit, receiver may take possession.
Section 537.510 - Actions for waste, brought against whom.
Section 537.520 - Interest as part of damages.
Section 537.524 - Injunction and damages for interference with lawful hunting and trapping.
Section 537.600 - Sovereign immunity in effect — exceptions.
Section 537.615 - Liability of state increase to apply, when.
Section 537.625 - Procedure to form insurance entity.
Section 537.630 - Director to approve articles and issue license.
Section 537.640 - Director to examine — renewal license fee — amendments to articles.
Section 537.645 - Director may take charge of entity, when.
Section 537.650 - Premium tax not required.
Section 537.684 - Filing of a claim, determining compensation, procedure — payment of claims.
Section 537.687 - Medical records submitted, when — violation, penalty.
Section 537.715 - Board of trustees — officers.
Section 537.720 - Board, meetings — quorum — expenses.
Section 537.725 - Board — records — reports — principal office — seal.
Section 537.730 - Board — duties — rulemaking authority — subpoena power — prohibited activities.
Section 537.735 - Fund account, how maintained.
Section 537.745 - Construction of provisions.
Section 537.750 - Exhaustion of fund, claims to be prorated.
Section 537.755 - Fund money not available for certain purposes, exception.
Section 537.756 - Maximum amount payable from fund — how calculated.
Section 537.760 - Products liability claim defined.
Section 537.785 - Citation of law — definitions.
Section 537.850 - Citation of law — definitions.
Section 537.859 - Immunity from liability, when — affirmative defense.
Section 537.1000 - Definitions.
Section 537.1010 - Health care providers, immunity from liability, exceptions.