In Missouri and across the United States, a statute of limitations is a law that sets a deadline in which you need to file a claim in a court. If you don’t file your claim by the deadline, and the statute expires, your claim cannot be filed and if you do, your case will be dismissed by the court.
Because the penalty for not filing your case before the statute of limitations expires is severe, you can’t file in court, and an insurance company can deny your claim, it’s important to know the deadline as it applies to your particular case.
What Statute of Limitations is in Effect in a Wrongful Death Case?
The answer is not as simple as you may believe. There are exceptions and other factors that could impact how the Missouri Statute of Limitations is applied or calculated in certain circumstances.
Additionally, the Missouri legislature sometimes chooses to amend or change the deadlines so it’s possible in the future, they could be shortened.
For the reasons outlined above, you must consult with an experienced Missouri wrongful death attorney.
At the Kansas City law firm of Krause & Kinsman, we provide you with a free consultation to answer any questions you may have, assist you in understanding the statute of limitations for your individual case, and advise you of the next steps you may want to take.
Despite the variables that may impact the Statute of Limitations in your case, below are the general statements regarding the statute of limitations in wrongful death cases in Missouri.
What is the Wrongful Death Statute of Limitations in Missouri?
In Missouri, current law dictates that a claim for wrongful death must be filed within 3 years. However, some exceptions may apply in particular cases and the statute of limitations may be even shorter.
For example, in Missouri, if an injury or claim for wrongful death comes from medical malpractice, the statute of limitations is 2 years.
Is Time of the Essence in Missouri Wrongful Death Claims?
The short answer is yes. You don’t want to wait until the statute of limitations in Missouri is about to expire to file your case. Many times it takes a lot of time and effort to investigate a potential wrongful death claim before the lawsuit is filed in court. It’s important to contact a Missouri wrongful death attorney early enough to avoid having to rush into a lawsuit or creating any type of risk that would allow the statute of limitations to expire.
Besides, even after the lawsuit is filed, you and/or your attorney may discover new facts and/or information that may require a change or addition to your lawsuit. For example, it may be necessary to file an amended lawsuit to add a new claim or party, and you could be prevented from doing so if the statute of limitations expired after the case has been filed.
At the Kansas City, Missouri law firm of Krause & Kinsman our wrongful death lawyers pursue your case quickly and don’t want to wait until it’s close to the time when the statute of limitations would run out.
If you have lost a loved one and have questions about what could have been done in a different manner that may have prevented their death, please contact us. There is no consultation fee and we want to assist you in receiving the answers to any questions you may have.
The Kansas City law firm of Krause & Kinsman wants to help you learn the truth about what happened or to hold the parties responsible accountable for their actions.
