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Key Takeaways
- The wrongful death statute of limitations in Missouri is three years from the date the death occurred.
- If you lost a loved one in a car crash, it’s crucial to act quickly to preserve evidence and avoid missing the deadline to file a claim.
- Missing the deadline to take legal action could mean losing your right to claim compensation for your losses.
- While rare, there are some exceptions to the wrongful death statute of limitations.
In most cases, the Missouri statute of limitations for wrongful death is generally three years. This means you only have three years from the date of your loved one’s death to file a wrongful death claim and pursue compensation for related expenses and suffering.
We know losing a family member in an accident is devastating. While dealing with the emotional and financial aftermath of the situation, the thought of filing a legal claim may be overwhelming. However, there are strict timelines for taking legal action and holding the wrongdoer accountable. Contact us to schedule a free consultation and learn how we can help you pursue justice before your deadline expires.
- What Is the Filing Deadline for Wrongful Death After a Fatal Car Accident in Missouri?
- Who Can File a Wrongful Death Lawsuit in Missouri?
- Why Acting Quickly After a Car Accident Fatality Matters
- What Damages Can Be Recovered in a Missouri Wrongful Death Claim?
- Are There Any Exceptions to Missouri’s Wrongful Death Statute of Limitations?
- How Long Does a Wrongful Death Case Take in Missouri?
- How Will NST Law Handle Your Car Accident Wrongful Death Case in Missouri?
- Contact NST Law for Immediate Assistance With Your Missouri Wrongful Death Claim
What Is the Filing Deadline for Wrongful Death After a Fatal Car Accident in Missouri?
If a victim dies in a Missouri car accident caused by someone else’s negligence, the time limit to file a claim is the same as in other wrongful death cases—three years from the date of the person’s death. However, it’s important to note that the date of the car accident and the death are not always the same.
In some cases, the car accident victim is severely injured but lives for several weeks or months after the crash. During that time, the family may face expensive medical bills, missed time at work, and substantial emotional distress.
When the injured individual passes away from their car accident injuries, the deadline to file a wrongful death claim starts on that day rather than the date the accident occurred.
Who Can File a Wrongful Death Lawsuit in Missouri?
Only certain people may be eligible to file a wrongful death claim and recover damages on behalf of their loved one. The wrongful death statute in Missouri categorizes these surviving family members in this order:
- Category 1: Spouse, parents, and children of the decedent or grandchildren if the decedent’s children have passed away
- Category 2: Siblings of the decedent or, if the siblings have passed away, the children of the decedent’s siblings
- Category 3: A court-appointed plaintiff ad litem who can file on behalf of those entitled to share in the wrongful death claim’s proceeds but do not fit in the first two categories
Eligibility starts with the first category and moves to the next when there are no qualifying family members from that category. Under Missouri wrongful death law, only one wrongful death action can be brought against a single defendant. This means family members cannot file separate lawsuits; they must pursue one unified wrongful death action.
Why Acting Quickly After a Car Accident Fatality Matters
Evidence from a car accident is crucial to establishing negligence and proving liability for your loved one’s death. Unfortunately, evidence can fade quickly or become unavailable soon after the crash.
After a fatal car crash, taking swift action will help to preserve vital evidence that will support your claim. Types of evidence you’ll need to reconstruct the accident and build a strong case include:
- Police reports
- Images or video from the crash scene
- Witness statements and contact information
- Dashcam, surveillance, or security footage of the crash
Additionally, the Missouri wrongful death lawsuit deadline applies to fatal car crash cases, limiting the time you have to file a claim. Acting quickly and working with an experienced car accident lawyer will help you avoid missing the deadline.
What Happens If You Miss the Deadline to File a Wrongful Death Claim in Missouri?
If you do not file your wrongful death claim before the statute of limitations expires, the court will likely dismiss your case, and you’ll lose the chance to pursue damages. Speak with a trusted wrongful death lawyer to protect your right to compensation.
What Damages Can Be Recovered in a Missouri Wrongful Death Claim?
Eligible family members can claim the damages their loved one could have recovered if they had survived. Additionally, they can pursue compensation for other expenses and losses connected to their relationship to the decedent.
Available damages in Missouri wrongful death claims may include:
- Medical expenses
- Lost income and future wages
- Funeral and burial expenses
- Lost benefits that the decedent provided
- Pain and suffering
- Loss of consortium or companionship
- Loss of guidance
- Mental anguish
Except in cases of wrongful death caused by medical malpractice, Missouri has no limit on the amount that can be recovered in compensatory damages in wrongful death claims.
Are There Any Exceptions to Missouri’s Wrongful Death Statute of Limitations?
How long you have to file a wrongful death claim in Missouri may be different from the general three-year deadline. Exemptions may include:
- The discovery rule: If the cause of death is not immediately apparent, the clock may start ticking after discovering negligence led to the death.
- Minor beneficiaries: When the beneficiary is a minor, the statute of limitations may not start until they reach the age of 18.
- Defendant leaves the state: If the at-fault party leaves the state, the three-year deadline may be tolled or paused until they return to Missouri.
- Fraud or concealment: The statute of limitations may be extended if the responsible party engaged in fraud to deliberately conceal their role in the person’s death.
- Government claims: The deadline to file a claim against the government may be as short as 90 days.
However, exceptions are rare. Consult with an attorney to see if any exceptions apply to your case.
How Long Does a Wrongful Death Case Take in Missouri?
It can take several months to years to resolve your wrongful death claim. How long it takes will depend on several factors, including:
- The severity of the accident
- The extent of damages
- How many parties are involved
- Settlement negotiations
- Court scheduling
The wrongful death statute of limitations defines the deadline to file your claim, not when it needs to be resolved. As long as you start your case before the deadline expires, negotiations can continue for as long as necessary to reach a fair wrongful death settlement or court verdict.
How Will NST Law Handle Your Car Accident Wrongful Death Case in Missouri?
With billions won for our clients, NST Law has over 35 years of experience and a team of 175 lawyers and staff helping families across Missouri claim the compensation they deserve. When you work with our team, here’s how we can help with your wrongful death claim:
- A thorough investigation of the car accident or other incident that led to your loved one’s death
- Gathering and preserving important evidence to build your case
- Identifying and calculating the value of all available damages to include in your claim
- Communicating and negotiating with insurance companies on your behalf
- Taking your case to court if the insurance company does not make a fair offer
We apply the Six Pillars of NST Law to create an exceptional client experience. Along with our award-winning services, our team offers compassionate support and strong legal advocacy, helping you and your family navigate this challenging time.
Contact NST Law for Immediate Assistance With Your Missouri Wrongful Death Claim
Wrongful death claims can be complex and require professional legal guidance to navigate the process effectively. Starting on your claim as soon as possible can strengthen your case and give you the best chance to recover fair compensation for your losses.
Our wrongful death attorneys are passionate about our clients and the communities we serve. If you lost a loved one in a car accident in Missouri, call 800-529-4004 or contact NST Law online for a free consultation.
