Yes, there is a statute of limitations for wrongful death claims, and it varies depending on the state where the death occurred. In both Kansas and Missouri, strict time limits apply. Missing them could mean permanently losing the right to recover compensation, no matter how strong your case may be.
If you have lost a loved one due to someone else’s negligence, don’t wait to get the legal representation you deserve. Contact a wrongful death lawyer in Kansas City, MO, today to learn more about how long you have to file a claim.
Why Wrongful Death Lawsuit Statutes of Limitations Matter
The statute of limitations is the legal deadline to file a wrongful death lawsuit. It is designed to ensure that claims are made while evidence is still fresh and available. Once the time limit passes, courts can refuse to hear the case, even if the loss was caused by someone else’s negligence or wrongdoing.
Wrongful death claims are civil lawsuits that allow surviving family members to recover financial compensation for their losses. These may include funeral expenses, lost income, emotional pain, and the loss of companionship.
To pursue wrongful death damages, the claim must be filed within the proper legal timeframe. If you wait too long, you run the risk of losing your chance to gain financial compensation.
Kansas Statute of Limitations for Wrongful Death: 2 Years
In Kansas, the statute of limitations for wrongful death claims is two years from the date of the person’s death. This rule is defined in state law and strictly enforced.
The clock begins on the date the person passes away, not necessarily the date of the accident or injury that caused their death. That means if a person suffered an injury and died weeks or months later, the two-year period starts from the date of death.
Kansas allows the claim to be brought by any “heir at law” of the deceased, which typically includes spouses, children, parents, or other close relatives. The lawsuit is often filed by one representative on behalf of all qualifying heirs.
Contact our Kansas city personal injury lawyers now.
Missouri Statute of Limitations for Wrongful Death: 3 Years
Missouri provides more time than Kansas. The statute of limitations for a wrongful death claim in Missouri is three years from the date of death. Like in Kansas, this deadline is firm, and missing it will usually result in the case being dismissed by the court.
Missouri law identifies a priority order for who can file the lawsuit. In most cases, the spouse, children, or parents of the deceased have the first right to bring a claim. If none of those individuals are available, other family members or a court-appointed representative may take on the responsibility.
Just as in Kansas, the clock starts ticking on the date of death, not when the accident occurred. This distinction is important when the death is delayed or if the full cause of death is not immediately clear.
Why You Should Not Wait to File
Even with up to three years in Missouri or two years in Kansas, it’s never a good idea to delay taking legal action. Speak with an attorney at Foster Wallace Personal Injury Lawyers for free today to ensure you are acting within the wrongful death statute of limitations of your state.
Waiting too long can weaken your case. Witnesses may become harder to locate. Documents, surveillance footage, or medical records might be lost. And insurance companies may argue that your delay means the case is not serious.
Starting the legal process early gives your attorney time to investigate, preserve evidence, calculate damages, and file within the appropriate deadline. Once time runs out, no amount of negotiation or evidence can reopen the opportunity to seek compensation.
What Happens if You Miss the Deadline?
If your wrongful death lawsuit is filed after the statute of limitations expires, the court will likely dismiss it. That means you will not be able to recover money for funeral costs, lost income, medical bills, pain and suffering, or any other damages, regardless of how strong the evidence is.
It’s not enough to be in contact with the other party or the insurance company. The lawsuit must be filed in court before the deadline to protect your rights.
Contact Foster Wallace to Speak With a Wrongful Death Lawyer for Free
The statute of limitations for wrongful death claims is two years in Kansas and three years in Missouri. These time limits are strict, and missing them can permanently close the door on your right to compensation.
If you’ve lost a loved one due to negligence, it’s essential to act promptly and protect your legal rights. Contact Foster Wallace Personal Injury Lawyers today for a free legal consultation. We’ve recovered over $1 billion for victims and their families, and we want to help you, too. For more information, visit our FAQ page.
