Losing a loved one is heartbreaking, and when that loss happens because of someone else’s negligence or wrongdoing, the grief is often mixed with a deep need for justice. In Missouri, families have the right to seek compensation through a wrongful death claim, but there’s a critical deadline to be aware of: Missouri’s wrongful death statute of limitations. Missing this window could mean losing the chance to hold the responsible parties accountable and secure the justice your loved one deserves.
At Langdon & Emison, our Kansas City wrongful death attorneys know how emotionally challenging these cases can be, and we’re committed to guiding families through this complex process with care and expertise. In this guide, we’ll break down Missouri’s wrongful death statute of limitations, how it impacts your case, and what to expect if you pursue a claim.
What is the wrongful death statute of limitations in Missouri?
Missouri’s wrongful death statute of limitations refers to the legal deadline for filing a wrongful death lawsuit. According to Section 537.100, RSMo, the statute of limitations for wrongful death claims in Missouri is three years from the date of the death. This means that a wrongful death lawsuit must be filed within three years of the loved one’s passing, or the right to seek compensation may be lost forever.
For example, if a person dies in a car accident on January 1, 2023, the family would have until January 1, 2026, to file a wrongful death claim. Filing even a day late would likely result in the case being dismissed, leaving the family without a legal avenue to pursue justice.
Why is the statute of limitations important?
The wrongful death statute of limitations in Missouri is crucial for several reasons:
- Preserving evidence – Evidence in wrongful death cases can be lost or become less reliable over time. By filing within the statute of limitations, families have a better chance of preserving critical evidence such as witness statements, accident reports, and medical records.
- Timely resolution – Legal cases take time, and filing within the statute of limitations helps ensure the case is addressed promptly. Filing early also allows surviving family members to start the healing process and move forward.
- Protecting legal rights – If the statute of limitations expires, the court will almost certainly dismiss the case, regardless of its merits. Filing within the designated time frame is essential to maintain your right to seek justice and compensation.
Are there exceptions to the wrongful death statute of limitations in Missouri?
While Missouri’s three-year statute of limitations applies to most wrongful death cases, certain exceptions may extend or alter this timeline.
Discovery rule
In cases where the cause of death isn’t immediately clear, the statute of limitations may start when the family discovers (or should have reasonably discovered) that the death was wrongful. Applying this rule is complex and requires a strong legal argument.
Claims against government entities
Missouri law often imposes shorter deadlines and additional procedural requirements if the wrongful death involves a government entity, such as a city or county. An attorney can help navigate these unique requirements.
Minors as beneficiaries
When a minor is a beneficiary, Missouri law may allow more time for legal action once they reach the age of 18. It is recommended that you consult an attorney to understand how this affects the case.
Who can file a wrongful death claim in Missouri?
Under Section 537.080, RSMo, Missouri has a specific hierarchy regarding who is eligible to file a wrongful death claim. Only certain individuals may file a wrongful death lawsuit:
- Spouse, children, or parents: The deceased’s spouse, children, or parents have first priority in filing a wrongful death claim. This includes biological and adopted children.
- Siblings or descendants of siblings: If there is no spouse, child, or parent, the deceased’s siblings or their descendants may file the claim.
- Court-appointed plaintiff: In cases where none of the above relatives exist or wish to file, the court can appoint a “plaintiff ad litem” to represent the deceased’s estate and bring the wrongful death claim.
Knowing who is eligible to file is crucial, as only one wrongful death claim can be filed on behalf of the deceased.
Steps to take if you’re considering a wrongful death claim
If you believe your loved one’s death was wrongful, it’s essential to take prompt and informed steps to preserve your legal rights:
- Consult with a wrongful death attorney – A knowledgeable attorney can assess your case, determine if you’re within the statute of limitations, and guide you through the process. At Langdon & Emison, we specialize in wrongful death cases and are here to provide compassionate support and legal expertise.
- Gather evidence – Start gathering evidence, including medical records, accident reports, and witness information. The more information you can collect, the stronger your case will be.
- File before the deadline – Ensure that your claim is filed well within Missouri’s three-year statute of limitations to avoid any risk of losing your legal rights.
Potential damages in Missouri wrongful death cases
In Missouri, surviving family members can pursue several types of damages in a wrongful death case. These damages are intended to compensate for both economic and non-economic losses, including:
- Medical expenses: Costs related to the deceased’s final medical treatment and care.
- Funeral and burial costs: Expenses incurred for funeral and burial arrangements.
- Loss of income: Compensation for lost wages and benefits the deceased would have provided.
- Loss of companionship: Damages for the emotional and relational loss experienced by the surviving family members.
- Pain and suffering: Compensation for the emotional suffering endured by the family and, in some cases, by the deceased before their death.
In certain cases, punitive damages may also be awarded if the defendant’s actions were reckless or intentional.
How Langdon & Emison can help with wrongful death claims
At Langdon & Emison, we understand the heartbreak and challenges that come with unexpectedly losing a loved one. Our experienced wrongful death attorneys are committed to helping families seek justice and obtain the compensation they need to move forward. We will guide you through the legal process, handle all aspects of your case, and ensure your claim is filed within the statute of limitations.
Contact Langdon & Emison for a free consultation
If you’ve lost a loved one due to someone else’s negligence, don’t wait to take legal action. Contact Langdon & Emison today for a free consultation to discuss your case and learn how we can help you navigate Missouri’s wrongful death statute of limitations.
Visit our website or call us at (866) 931-2115 to learn more about our services and how we can assist you.