Missouri puts a strict deadline on filing wrongful death lawsuits. According to Missouri Revised Statutes § 537.100, you have exactly 3 years from the date your loved one passed away to start a claim in court.
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 try to file after that 3-year window has closed, the courts will almost always dismiss your case immediately. Even if your claim is strong and all the facts are on your side, missing this deadline usually means you will lose your chance to recover any damages from the responsible party.
Contact a wrongful death lawyer in St. Louis today to get the justice your loved one deserves.
Exceptions to The 3-Year Deadline
While the three-year deadline to file a wrongful death claim in Missouri is strict, there can be rare exceptions.
Defendant Is Out of State
If the person or company responsible for your loved one’s death leaves Missouri or hides out in another state, making it impossible for you to serve them with legal papers, the clock on the three-year period pauses during the time they’re away.
…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…
This pause means you don’t lose legal rights just because the at-fault party purposely dodged responsibility. However, this exception will only apply as long as the defendant is truly unavailable for the lawsuit process, and time starts running again as soon as they return.
No “Discovery Rule” for Wrongful Death
In many types of cases, you might get extra time to file if you didn’t immediately discover what happened (called the “discovery rule”). Missouri does not extend the deadline for wrongful death claims even if the family only found out about some details much later. Except in truly exceptional circumstances, the three-year countdown starts on the actual day of death.
Exception: Fraud Claims, Not Wrongful Death
If someone, such as a hospital, actively covered up what happened by committing fraud or deliberately hiding malpractice, Missouri law may let you file a separate lawsuit for fraud after the three-year wrongful death deadline passes. However, that’s a very different claim that comes with its own rules and requirements. It does not alter the wrongful death deadline.
When to Contact a Wrongful Death Attorney
Knowing when to reach out to a wrongful death attorney can make a big difference in protecting your rights and helping your family secure justice. Here are some situations where legal help is especially important:
Right After a Sudden Loss
Whether it’s due to a car accident, medical error, workplace event, or crime, contacting a lawyer soon after your loved one’s death preserves evidence and stops insurance companies from pushing you into quick, unfair settlements.
When You’re Unsure About Missouri’s Wrongful Death Laws
Navigating Missouri’s rules about who can file, what damages may be available, and the right deadlines is complex. An attorney can quickly pinpoint your eligibility and guide you through every legal detail so nothing vital is missed.
Problems with Insurance or Settlement Offers
If responsible parties or their insurance companies try to pressure you, deny fault, or offer far less than you’re owed, an experienced personal injury lawyer in St. Louis evens the playing field and fights for fair compensation on your family’s behalf.
The sooner you contact an attorney, the better the protections and support for your case. Contact us when you’re ready to schedule a free consultation with a wrongful death lawyer.