Columbia Wrongful Death Statute of Limitations

When a loved one passes away unexpectedly, it is a difficult experience for anyone to bear. When someone’s carelessness or negligence caused the tragedy, the surviving family members also must deal with additional complexities as they try to understand the legal system. But losing a loved one is emotionally devastating, and significant time may pass before even thinking of filing a lawsuit. Unfortunately, the legal system provides only a limited time to file personal injury claims, including those for wrongful death.

Navigating Missouri’s wrongful death statute of limitations during such a challenging time can feel overwhelming. At the Law Office of Chris Miller, we understand how vital it is to act promptly after a tragedy. Let our talented wrongful death attorneys handle the legal procedures so you can honor your loved one’s memory with the justice they deserve. We are here to guide you through the Columbia wrongful death statute of limitations and ensure you hold the at-fault parties responsible.

All About Wrongful Death Cases

Under state law, there are different categories of people eligible to file a lawsuit after their relative is killed by another’s recklessness or negligence:

  • The first category includes the deceased’s spouse, natural or adopted children, surviving lineal descendants of any deceased children (legitimate or illegitimate), or their natural or adoptive parents.
  • If no one in the first category is available,  the right to file passes to the deceased’s siblings or their descendants.
  •  In cases where no one from the first two groups can bring the lawsuit, a plaintiff ad litem may be appointed by the court. This person, deemed competent and suitable by the court, may also include the personal representative of the deceased’s estate.

Only one claim can be brought against any one defendant for the death of any one person. To learn about whether you are eligible to file a wrongful death claim in Columbia before the time the statute of limitations expires, you should consult with a skilled attorney.

What to Know About Wrongful Death Filing Deadlines

Understanding the filing deadlines for wrongful death lawsuits is crucial for preserving your right to seek justice for your loved one. The statute of limitations is typically three years from the date of the decedent’s passing for such lawsuits. Certain factors can impact that timeframe, like the age of the decedent, if there is an individual with limited legal capacity, or if a government entity is involved. Unique situations, such as newly discovered evidence or fraud, might impact the deadline, too.

Failing to file in a timely manner usually results in the case being dismissed. Timeliness is important because evidence–for both defendants and plaintiffs–can get lost or forgotten as time goes on. Early action allows more time for evidence collection and case preparation by an attorney, such as collecting medical records, accident reports, and witness testimonies.

Acting quickly after your loved one’s passing not only protects your wrongful death claim but also provides you and your family the opportunity to focus on healing while experienced Columbia professionals handle the statute of limitations.

We Could Help File Your Case in Compliance with the Columbia Wrongful Death Statute of Limitations

Do not let the Columbia wrongful death statute of limitations block your family’s chance to recover the damages that you deserve. A seasoned lawyer could offer advice that is personalized to your specific situation. Call us today to get started. Your initial consultation is completely free of charge.

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