Missouri Wrongful Death Statute of Limitations (2024)

By The Cagle Law Firm | October 17, 2024 | Personal Injury

A personal injury case can be pursued when someone is injured or because someone else failed to take appropriate care, causing the death. When a wrongful death occurs, family members of the decedent can pursue losses in a wrongful death case. This case must be pursued before the Missouri wrongful death statute of limitations expires. It should be pursued quickly to improve the chances of a case’s success.

It can feel like the wrong time to pursue compensation when you are dealing with such an impossible loss. However, a wrongful death case can hold the party that is to blame accountable for their negligence and give your family some future financial stability with the unexpected financial losses.

A wrongful death case can help you get some justice for this terrible situation. Unfortunately, if you miss the statute of limitations, you can be forever barred from pursuing compensation. It can be helpful for families to understand the statute of limitations and the importance of acting quickly.

What Is the Wrongful Death Statute of Limitations in Missouri?

The Missouri statute of limitations on wrongful death cases is three years from the date of the individual’s death. This means that a petition must be filed in the appropriate court before the deadline. If entitled surviving family members do not pursue financial recovery through a petition by the deadline, the case will not be forever barred regardless of the case’s merits. Surviving entitled family members include a spouse, children, parents, and other family members.

While some may consider three years to be plenty of time to pursue compensation, you should never wait this long. You want to act as quickly as you can and work with an experienced attorney if you suspect you have grounds for a wrongful death case.

What Is the Purpose of a Statute of Limitations?

The main reason for creating a statute of limitations is to prevent potential defendants from being subject to unfair prosecution or other legal action. While many of us would question that wisdom, the statutes exist and must be followed. The passage of time makes it difficult to secure and maintain evidence over the years. Most wrongful death casas rely on some witness testimony, and significant time passing may affect the witness’s memory and call their testimony into question.

Exceptions to the Statute of Limitations

There are some situations where the statute of limitations is different for wrongful death cases, depending on who or what the liable party was or the circumstances of the injury. If the case is being filed against a governmental agency or other entity, the statute of limitations is substantially shorter.

Why You Want to Begin Your Case Quickly

It is important to discuss your case with an attorney after the loss of a loved one to ensure there is enough time to gather available evidence for a strong case and to determine which statute of limitations applies. If a shorter statute of limitations affects your case, you do not want to wait to find that out.

Additionally, you want to provide plenty of time to gather evidence and not allow it to vanish. An attorney can gather evidence and testimony that you will not be able to do on your own. If the statute of limitations has expired, the case is forever barred no matter how bad the circumstances or evidence of the wrongful death.

It’s also crucial to act quickly because of the requirements of legal procedures, paperwork, and documentation. These cases can be complex, and legal guidance is needed to help your family get the justice you deserve.

FAQs

What Is the Wrongful Death Cap on Damages in Missouri?

There is no cap for economic damages in a wrongful death claim in Missouri, or for general wrongful death claims, such as deaths resulting from motor vehicle accidents, railroad incidents, construction site accidents, and other dangerous incidents. The cap on damages for wrongful death in Missouri only applies to the non-economic damages in medical malpractice cases. For medical malpractice claims, the cap for compensation for wrongful death is currently $828,529 for non-economic damages. This cap increases annually by 1.7%.

How Are Wrongful Death Proceeds Divided in Missouri?

If there are multiple family members who are entitled to bring an action under the law, they need to pursue compensation jointly. The group together decides how to split the compensation. If the group cannot decide, a court may have to intervene to decide the matter. It can be very difficult for several family members to come together after such a tragedy. We find that our attorneys have been able to successfully meet with the family members, explain the process and assist them in unifying in this difficult time. It can be incredibly difficult for several to come together; however, it is ideal for our attorneys to seek maximum compensation for all.

These cases are as unique as your loved one and clearly, you need an attorney who communicates well and considers all family members involved. The proceeds are divided based on the specific situation. Also, if the deceased had a will or trust, their wishes must be considered. An attorney generally sets up an estate for additional assistance and the guidance of an attorney is important during this complicated process.

Who Can Recover Compensation from a Wrongful Death Case in Missouri?

Individuals who can recover compensation from a wrongful death case in Missouri are surviving family members, in the following order:

1. The surviving spouse of children of the deceased, or the descendants of any children who are deceased, or the parents of the deceased.
2. The siblings of the deceased or the descendants of any deceased siblings.
3. A plaintiff ad litem appointed by the court.

The entitled persons proceed to the next class if there are no persons in the class entitled to bring action.

Contact The Cagle Law Firm for Experienced Legal Representation in a Wrongful Death Case

When you need compassionate, responsive, and expert legal representation, contact The Cagle Law Firm.

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