When someone’s negligence or wrongful actions cause a death, time becomes critical. Missouri law sets strict time limits for filing wrongful death claims, and missing these deadlines can mean losing your right to compensation entirely. If you are considering legal action after losing a family member, knowing how much time you have—and what factors might affect that timeline—is essential to protecting your family’s future.
Missouri’s Three-Year Statute of Limitations for Wrongful Death
In Missouri, you generally have three years from the date of your loved one’s death to file a wrongful death lawsuit. This three-year window might seem like plenty of time, but wrongful death cases are complex. They require thorough investigation, gathering evidence, consulting experts, and building a strong legal case. Waiting too long can make it harder to secure witness statements, obtain medical records, and preserve evidence.
More importantly, if you do not file your lawsuit before the three-year deadline expires, the court will almost certainly dismiss your case without considering its merits. Once that happens, you will lose your right to seek compensation for medical expenses, funeral costs, lost income, and the emotional suffering your family has endured.
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Exceptions That May Extend Your Filing Deadline
While the three-year rule applies in most situations, certain circumstances may alter this timeline:
- The Discovery Rule: When the cause of death is not immediately apparent, the statute of limitations may begin when you discover, or reasonably should have discovered, that your loved one’s death was wrongful. For example, if medical malpractice or exposure to toxic substances caused the death, but the connection wasn’t obvious right away, this rule might apply.
- Claims Involving Minors: When a minor child is entitled to compensation from a wrongful death claim, Missouri law may extend the statute of limitations until the child reaches age 18. This protection ensures that children do not lose their rights simply because they couldn’t file a lawsuit as minors.
- Claims Involving the Government: If a government entity—such as a city, county, or state agency—is responsible for your loved one’s death, you will face shorter deadlines and stricter procedural requirements. You may need to file a notice of claim within a much shorter timeframe, sometimes as little as 90 days.
What Happens If the Statute of Limitations Expires?
Once Missouri’s statute of limitations expires, your right to file a wrongful death lawsuit disappears. Courts have no discretion to hear cases filed after the deadline, except in the rare situations where an exception applies. This means you will forfeit any chance of recovering compensation for your family’s losses, no matter how strong your case might be or how clearly someone else was at fault.
This is why it’s so important to consult with an attorney as soon as possible after your loved one’s death. A Kansas City wrongful death lawyer can evaluate your case, identify applicable deadlines, and ensure all paperwork is filed correctly and on time.
A Kansas City injury lawyer at Dollar, Burns, Becker, and Hershewe will act quickly to preserve your claim and protect your legal rights. If you believe that you qualify for a wrongful death lawsuit, don’t wait—contact us at (816) 876-2600 for a free consultation.