Every state limits the amount of time that you have to file a wrongful death lawsuit after a relative dies. However, not every state gives you the same amount of time to file your case. It can be overwhelming to think about filing a lawsuit while you are grieving, but you don’t have to do it alone. Our experienced Kansas City wrongful death lawyers are here to help you navigate the legal process during this difficult time.
Missouri Wrongful Death Statute of Limitations
In Missouri, the statute of limitations for wrongful death claims is usually three years. However, the amount of time that you have to file a wrongful death lawsuit may be extended or shortened in some circumstances.
Kansas Wrongful Death Statute of Limitations
Kansas, like Missouri, limits the amount of time that you have to file a lawsuit after your loved one dies in an accident. In most cases, you have two years to file a wrongful death lawsuit in Kansas. However, the Kansas wrongful death statute of limitations time may be extended or shortened based on factors described in state law.
What Happens if You Miss the Statute of Limitations?
In a wrongful death case, missing the statute of limitations can have serious consequences. If you try to file a claim after the statute of limitations expires, you can expect the defendant to file a motion to dismiss with the court that the court will grant. You will be left unable to recover any compensation for your loved one’s death. That means that you and your family will be left with all of the medical costs associated with the accident, funeral expenses, and without compensation for past and future lost income. Additionally, no one will compensate you for your emotional suffering or the loss of your loved one’s contribution to the family.
Don’t Wait to Contact a Kansas City Wrongful Death Lawyer
There are several reasons why you shouldn’t wait to contact a Kansas City wrongful death lawyer after your loved one dies. While state law may give you years to file your case, it is often a mistake to wait that long. If you act quickly, you may be able to:
- Get more evidence. Often, evidence is easier to find soon after the accident. If you wait two or three years to contact a lawyer, physical evidence and eyewitnesses may be more challenging to find.
- Remove stress and uncertainty from your life. Right now, it might feel like pursuing legal action is stressful. However, putting it off could be more stressful. You may be continuously worried about whether you are doing the right thing, how you will pay your bills, and if you are making a mistake. Contacting an experienced Kansas City wrongful death lawyer can remove the stress and uncertainty from your life and provide your family with a guide through the legal process.
- Prevent costly mistakes. You may feel like you aren’t ready to pursue legal action yet. However, during the time that you are not represented by a lawyer, you could accidentally make a costly mistake. For example, you could post something on social media that is later used against you, or you could say something to an insurance adjuster that diminishes the value of your wrongful death action.
A loved one’s unexpected and tragic death changes everything. As you grieve, our Kansas City wrongful death lawyers can work toward holding the person who killed your loved one accountable in court and getting your family the financial recovery you deserve. The failure to pursue justice or seek a financial recovery could make an already heartbreaking situation even more catastrophic.