537.090. Damages to be determined by jury--factors to be considered.
Damages to be determined by jury--factors to be considered.
537.090. In every action brought under section 537.080, the trier ofthe facts may give to the party or parties entitled thereto such damages asthe trier of the facts may deem fair and just for the death and loss thusoccasioned, having regard to the pecuniary losses suffered by reason of thedeath, funeral expenses, and the reasonable value of the services,consortium, companionship, comfort, instruction, guidance, counsel,training, and support of which those on whose behalf suit may be broughthave been deprived by reason of such death and without limiting suchdamages to those which would be sustained prior to attaining the age ofmajority by the deceased or by the person suffering any such loss. Inaddition, the trier of the facts may award such damages as the deceased mayhave suffered between the time of injury and the time of death and for therecovery of which the deceased might have maintained an action had deathnot ensued. The mitigating or aggravating circumstances attending thedeath may be considered by the trier of the facts, but damages for griefand bereavement by reason of the death shall not be recoverable. If thedeceased was not employed full time and was at least fifty percentresponsible for the care of one or more minors or disabled persons, orpersons over sixty-five years of age, there shall be a rebuttablepresumption that the value of the care provided, regardless of the numberof persons cared for, is equal to one hundred and ten percent of the stateaverage weekly wage, as computed under section 287.250, RSMo. If thedeceased is under the age of eighteen, there shall be a rebuttablepresumption that the annual pecuniary losses suffered by reason of thedeath shall be calculated based on the annual income of the deceased'sparents, provided that if the deceased has only one parent earning income,then the calculation shall be based on such income, but if the deceased hadtwo parents earning income, then the calculation shall be based on theaverage of the two incomes.
(RSMo 1939 § 3654, A.L. 1945 p. 846, A.L. 1955 p. 778 § 537.080, A.L. 1967 p. 663, A.L. 1973 H.B. 173, A.L. 1979 S.B. 368, A.L. 2005 H.B. 393)Prior revisions: 1929 § 3264; 1919 § 4219; 1909 § 5427
CROSS REFERENCE:
Applicability of statute changes to cases filed after August 28, 2005, RSMo 538.305
(1987) Award of $6.5 million dollars in action for wrongful death of plaintiff's 22-year-old daughter was not so large to be deemed excessive and not permitted pursuant to this section. Morrissey v. Welsh Co., 821 F.2d 1294 (8th Cir.).
(1989) Because a wrongful death settlement is for the use and benefit of those who sue or are entitled to sue, and because wrongful death is not a claim or cause of action brought on the part of the injured person, a hospital lien does not attach to the settlement of a wrongful death claim. American Family Mutual Insurance Company v. Ward, 774 S.W.2d 135 (Mo.banc).