Are There Timelines for Filing a Missouri Wrongful Death Lawsuit?

Are There Timelines for Filing a Missouri Wrongful Death Lawsuit?

Wrongful death cases are some of the most difficult to endure. You and your family must endure the grief of losing a loved one, but you may also need to go through the legal action to hold the negligent party accountable for the loss.

While you may not consider filing a lawsuit when thinking about your family during this challenging time, you should recognize the importance of a legal claim. Even more vital is understanding the timelines associated with filing a wrongful death lawsuit.

The Wrongful Death Statutes

Missouri law allows just three years for the family of the decedent to file a lawsuit for the wrongful death. The statute means that the family must file a claim within three years from the date of the death. Failure to do so can result in forfeiture of legal action.

What to Expect When Filing a Claim

When the death results from negligence, you start by filing a claim against the responsible party. Depending on the circumstances leading to the death, your claim may go against the negligent person’s insurance provider. From there, the insurance may deny the claim.

If the insurance company denies the claim, you may file a lawsuit with the help of a legal advocate. After you file the lawsuit, the defendant may try to file a motion to dismiss. The judge can accept or deny the motion. If the judge allows your case to proceed, you go through discovery.

Discovery gives your family and legal representation the chance to present evidence showing that the defendant was negligent. Most cases settle at this point if you’re able to show significant evidence strengthening your case. However, if you don’t agree with the settlement offer, you may pursue compensation through a trial.

At Strong-Garner-Bauer, we prioritize your rights to pursue the outcome you need. Trust in our Springfield wrongful death lawyers to protect your rights from start to finish. Your family deserves compensation and justice; it’s our priority to help you get it.