A St. Louis wrongful death claim is a legal action families can bring when someone dies because of another person’s actions or negligence. These cases can arise after car accidents in St. Louis, unsafe products, medical mistakes, or many other kinds of harm. Families turn to these lawsuits as a way to seek some justice and financial support for the loss they have suffered. It’s important to know that you don’t have unlimited time to file a wrongful death claim in St. Louis.
Each state, including Missouri, has strict rules about when these cases must be started. This limit is called a statute of limitations. Missing this deadline usually means you lose the right to bring your claim. Knowing how the statute of limitations works helps families protect their rights during an already difficult time.
You Must File Your Claim Within 3 Years From Your Loved One’s Death
If you’re thinking about taking legal action after losing a loved one, it’s vital to act soon. In Missouri, most wrongful death lawsuits must be filed in court within three years from when the person passes away.
537.100. Limitation of action — effect of absence of defendant and nonsuit. — 1. Every action instituted under section 537.080 shall be commenced within three years after the cause of action shall accrue
If you miss this deadline, you usually lose your right to seek damages
There Are Exceptions to This Three-Year Deadline
The law recognizes certain situations where the deadline is different. Here are the most common exceptions:
Defendant Concealing Their Identity or Defendant is Out of State
Sometimes the person or company at fault tries to avoid responsibility. If you can’t identify who caused your loved one’s death because they hid their identity, or if they leave the state to avoid being sued, the clock stops until that situation stops.
…if any defendant, whether a resident or nonresident of the state at the time any such cause of action accrues, shall then or thereafter be absent or depart from the state, so that personal service cannot be had upon such defendant in the state in any such action heretofore or hereafter accruing, the time during which such defendant is so absent from the state shall not be deemed or taken as any part of the time limited for the commencement of such action against him;
The Discovery Rule
The law also gives families more time when the cause of death is not immediately clear. Under the “discovery rule,” the three-year deadline does not begin until the time the family either discovers or should have discovered that the death resulted from wrongful actions.
Medical Malpractice Cases: Two Years
If a wrongful death claim is linked to medical malpractice, the deadline is shorter. Filing must happen within two years from when the family finds out, or should have found out, about the facts that give rise to the lawsuit.
This is not an exhaustive list of all the situations that can change the deadline. If you are unsure how these rules apply to your situation, reach out to our St. Louis medical malpractice lawyers so we can help you get started right away.
Why Acting Quickly Matters
The most obvious reason you need to act quickly is so you don’t miss the statute of limitations. However, that’s not the only reason. The longer you wait, the harder it is to build your case. Evidence can vanish or become less reliable over time. Surveillance footage might be erased, witnesses’ memories fade, and physical signs of what happened may get lost or destroyed.
If you file your case quickly, it gives your wrongful death lawyer in St. Louis more time to collect evidence and understand the facts of your situation. This can lead to a stronger claim, and can also put more pressure on insurance companies to take your matter seriously.
If you or someone you know believes they might have a claim, contact our St. Louis wrongful death attorney right away. We can listen to your story and help you understand the steps to take next. Call to schedule a free consultation.