In Missouri, families generally have three years from the date of a loved one’s death to file a wrongful death claim. Missing this window can mean losing the right to pursue compensation entirely, no matter how strong the underlying case may be. This deadline, known as the statute of limitations, exists to keep evidence fresh and cases moving forward, but it can catch grieving families off guard at the exact moment they are least prepared to think about legal timelines.
Hollis Law Firm helps families in Kansas and Missouri understand how this deadline applies to their situation and what steps to take next. A lawyer at Hollis Law Firm can review the facts of a wrongful death case near Overland Park, confirm which state’s law applies near the Kansas and Missouri border, and help a family avoid the kind of delay that can jeopardize a case.
How Long Do You Have to File a Wrongful Death Claim in Missouri?
Missouri law sets the filing deadline at three years from the date of death for wrongful death claims. This rule comes from Missouri Revised Statutes Section 537.100, which states that a wrongful death action must be commenced within three years after the cause of action accrues.
This deadline matters even more for families near the Kansas and Missouri border. Kansas generally applies a shorter two-year statute of limitations to wrongful death claims, so a family should confirm early on which state’s deadline governs their case rather than assume Missouri’s three-year rule automatically applies. A lawyer at Hollis Law Firm can also help a family review any procedural requirements specific to their case, such as when the death resulted from a hospital or provider’s negligence, since Missouri law imposes additional filing steps in those situations. It also helps to understand how these deadlines generally work under Missouri law before assuming any one rule applies.
Who Can File a Wrongful Death Claim in Missouri?
Missouri law does not allow just anyone connected to the deceased to bring a wrongful death claim. Instead, state law establishes a specific order of priority for who can file a wrongful death claim, starting with the closest surviving family members.
- A surviving spouse, children, or grandchildren generally hold the first right to file.
- If no one in that group is available, the deceased’s parents or siblings may bring the claim.
- If no eligible family members exist, a court may appoint a plaintiff ad litem to pursue the claim on behalf of those entitled to recover.
Understanding where a family member falls within this hierarchy can affect who should formally bring the claim and how compensation may ultimately be distributed among survivors.
What Damages Can a Family Recover in a Missouri Wrongful Death Case?
Families pursuing a wrongful death claim in Missouri may be entitled to recover several categories of compensation tied to the loss. These often include funeral and burial expenses, medical bills connected to the deceased’s final injury, and the value of income and benefits the deceased would likely have provided. Families may also be entitled to compensation for the loss of the deceased’s guidance, companionship, and support.
Standard Missouri wrongful death cases generally are not subject to a damages cap, though the rules can vary depending on the specific circumstances surrounding a case. A lawyer can help a family understand which categories of compensation may apply given the facts involved.
Why Acting Quickly Can Help a Wrongful Death Claim
Waiting to pursue a wrongful death claim can create practical problems well before the statute of limitations actually runs out. Evidence can be lost, witness memories can fade, and records connected to an accident can become harder to obtain the longer a family waits. Understanding the common mistakes that can hurt a wrongful death claim early on gives a lawyer more time to investigate and gather what is needed before deadlines and fading evidence start working against the family.
Speak With Hollis Law Firm About Your Wrongful Death Claim
Losing a family member because of someone else’s careless or wrongful conduct is difficult enough without also having to track a legal deadline. Hollis Law Firm has spent years helping families across Kansas and Missouri work through wrongful death claims, from confirming which state’s statute of limitations applies to identifying every source of compensation a family may be entitled to pursue.
A lawyer at Hollis Law Firm can review the circumstances surrounding a loved one’s death, explain the options available under Kansas or Missouri law, and help a family move forward with clarity during an incredibly difficult time. To discuss a potential wrongful death claim, contact Hollis Law Firm today.
