Section 29.21 Loss of Solatium

• Library: Family Law Deskbook and 2014 Supp

B. (§29.21) Loss of Solatium

Missouri courts do not recognize a cause of action for loss of solatium. SeeOliver v. Morgan, 73 S.W.2d 993 (Mo. 1934); Martin v. Shryock Realty Co., 163 S.W.2d 804 (Mo. App. W.D. 1942). Nevertheless, this doctrine is discussed because it is addressed in federal opinions and in cases from other jurisdictions.

“Solatium is traditionally a compensatory damage which belongs to the individual heir personally for injury to the feelings and loss of decedent’s comfort and society.” Flatowv. Islamic Republic of Iran, 999 F. Supp. 1, 29 (D.D.C. 1998), abrogation on other grounds recognized by Haim v.Islamic Republic of Iran, 425 F. Supp. 2d 56 (D.D.C. 2006). Black’s Law Dictionary defines solatium as follows: “Compensation; esp., damages allowed for hurt feelings or grief, as distinguished from damages for physical injury.” Blacks Law Dictionary 1397 (8^th ed. 2004).

Solatium “began as a remedy for the loss of a spouse or a parent. It has since expanded to include the loss of a child, including in some states the loss of an emancipated or adult child.” Flatow, 999 F. Supp. at 29.

The “preponderant element” of a claim for solatium is “mental anguish, bereavement and grief resulting from the fact of decedent’s death.” Id. at 30. There is also consideration of permanent loss or change, whether medical treatment was necessary for the claimant in dealing with the loss of the decedent, and loss of society and...