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HB 2164

Modifies provisions relating to wrongful death actions

2026 Regular Session Introduced by David Dolan

HB 2164 lets siblings of the deceased sue for wrongful death when spouses, children, or descendants aren’t eligible, with court appointment possible if needed.

Placed Back on Formal Perfection Calendar (H)
#childrenandminors #civilprocedure #familylaw
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Bill Summary · HB 2164

Summary of HB 2164 (2026) – Missouri

Jurisidiction: Missouri | Topic: Wrongful death actions

What the bill does

HB 2164 modifies Missouri’s wrongful death framework by repealing and reenacting Section 537.080. The central change is to alter who may bring a wrongful death action when a death arises from an act or omission that would have entitled a decedent to damages had death not ensued. The bill clarifies and expands the priority for filing by extending, in the absence of traditional beneficiaries, the ability to initiate an action to siblings (brother or sister) of the deceased, potentially advancing to a plaintiff ad litem if no statutory heirs exist.

Main purpose and intent

  • To address questions about the hierarchy of beneficiaries in wrongful death actions when parental rights have been terminated or when there are gaps in traditional classes eligible to sue.
  • To preserve and recognize the rights of biological siblings to seek wrongful death damages, even if the deceased’s parental rights have been terminated.
  • To ensure there is a clear path to bring a wrongful death action when primary beneficiaries (spouse, children, surviving lineal descendants) are not eligible to sue, by allowing siblings, and if necessary, a court-appointed plaintiff ad litem.

Key provisions and changes

  • Section 537.080 is replaced with new language that maintains the traditional classes of beneficiaries (1) spouse, children, or surviving lineal descendants; (2) if none of class (1) is entitled, then siblings of the deceased or their descendants may bring the action; (3) if neither class (1) nor (2) apply, the court may appoint a plaintiff ad litem to prosecute the action on behalf of those entitled to share in the proceeds.
  • The plaintiff ad litem must be a suitable, competent person requested by someone entitled to share in the proceeds; the court may require a bond.
  • There can be only one wrongful death action against any one defendant for the death of a single person.

Who is affected

  • Potential plaintiffs in wrongful death cases: spouses, children, surviving lineal descendants, siblings of the deceased (and their descendants) if the primary classes are unavailable.
  • Courts, guardians ad litem, and potential plaintiffs ad litem in cases lacking traditional beneficiaries.
  • Defendants in wrongful death actions, with changes affecting who can initiate suit.

Procedural and timeline aspects

  • The bill will replace the current statute with a revised sequence for eligibility to sue, potentially altering risk of dismissal or delays if the hierarchy is disputed.
  • If no eligible class exists, the court may appoint a plaintiff ad litem to pursue the action on behalf of those entitled to a share.
  • Only one action may be brought against a defendant for the death of a single person.

Fiscal and administrative notes

  • The Department of Social Services and the Office of the State Courts Administrator anticipate no net fiscal impact.
  • No expected impact on state or local funds, federal funds, or FTE.
  • No direct impact on small businesses anticipated.

Context and reception

  • Committee actions show broad support in Judiciary panels (Do Pass votes).
  • Supporters emphasize preserving familial bonds (including siblings) in wrongful death claims; opponents (per testimony) did not voice opposition in committee, though external testimony raised concerns about access to justice and potential chilling effects for grieving families.

Note: This summary reflects the bill text and accompanying fiscal notes and trial testimonies available at the time of briefing.

Compiled from official sources — confirm details with the bill’s official record.

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