If you lost a loved one due to someone else’s negligent actions in Southern Missouri, you may be able to hold the negligent party financially responsible through a wrongful death lawsuit. These lawsuits compensate family members for the loss of their loved one’s income, services, companionship, and more.
However, wrongful death lawsuits have strict deadlines that plaintiffs must adhere to or risk losing the right to seek the compensation they deserve.
What Is a Statute of Limitations?
A statute of limitations is a legal statute that dictates how long plaintiffs have to file lawsuits for various harms done to them by another party. In most cases of injury or death, plaintiffs have a few years to file their lawsuit, but there are always a few exceptions to this time limit.
For example, in the event of a wrongful death, if the liable party leaves the state of Missouri, the time limit is paused, or tolled, until they return. This prevents defendants from fleeing the state to wait out the deadline in an attempt to avoid accountability.
How Long Do Family Members Have to File a Wrongful Death Lawsuit?
Under Missouri’s statute of limitations for wrongful death, plaintiffs have three years to file a lawsuit seeking compensation for the death of their loved one. In most circumstances, this three-year time limit begins on the date of the person’s death. However, the start may be delayed if the circumstances surrounding the death are unknown or unclear.
For example, if your loved one died in a hit-and-run accident, the time limit for filing your lawsuit may not begin until the at-fault driver is identified.
An experienced wrongful death attorney can help you file your lawsuit within the allocated time and protect your right to seek compensation for your loss. Even though you have three years to file your suit, it’s always best to speak with an attorney as soon as possible so they can begin investigating the incident and collecting the necessary evidence.
Who Can File a Wrongful Death Lawsuit in Missouri?
The other major limitation on filing a wrongful death lawsuit beyond the time limit is who has the legal standing to file the lawsuit. Generally, only a few people have the standing to file a lawsuit after a death, including:
- The spouse or children of the deceased
- The parents of a deceased minor
- The siblings of the deceased who can establish their right to compensation
- A plaintiff ad litem assigned by the court to file the lawsuit on behalf of another party who cannot, such as a minor child
How to File a Wrongful Death Lawsuit in Missouri
The first step in filing a wrongful death lawsuit is determining whether you’re eligible to file and understanding the time limit within which you must file. Once you’ve established that you’re eligible and the deadline hasn’t expired, it’s important to contact a wrongful death attorney who can assist you with the process of filing your lawsuit.
Your attorney will investigate the incident to identify all liable parties and gather evidence connecting their actions to your loved one’s death. They’ll also help you calculate the compensation you’re seeking through your lawsuit based on various factors.
Next, they’ll file the lawsuit and negotiate with the at-fault party’s insurance company on your behalf to seek a fair settlement. If the insurance company refuses to offer a fair settlement, your attorney will take your case to trial and seek the maximum compensation.
Contact a Wrongful Death Lawyer Serving Southern Missouri
If someone else’s negligence caused your loved one’s death in Southern Missouri, contact Privette Law Office for a free consultation with one of our knowledgeable wrongful death lawyers. We’ll review your case, explain your legal options for seeking compensation, and answer any questions you have about the process.