Rolla Wrongful Death Statute of Limitations

Losing a loved one is devastating, and figuring out how to live without them is often a complicated and painful process. In the midst of grief, many families do not think to pursue compensation, even when they may have the right to file a wrongful death lawsuit. Additionally, the Rolla wrongful death statute of limitations only allows a limited amount of time for loved ones or the deceased’s estate to file a claim.

At AW Smith Law, we strive to help our clients navigate the complicated legal process, ensuring they file their claim on time and pursue the damages they deserve. For help filing a claim, contact our experienced wrongful death attorneys.

The Timeline for Wrongful Death Claims

The wrongful death statute of limitations in Rolla follows Missouri law, which grants the family or estate of the deceased three years after the individual’s death to file a claim for compensation. It is important to note that the statute of limitations starts counting down after the individual’s death, not from the date of their fatal accident.

At AW Smith Law, we encourage you to reach out as soon as possible to begin the claim process. Doing so early could help your lawyers collect more evidence and better establish your family’s right to compensation.

Exceptions to the Statute of Limitations

While the statute of limitations does provide specific timelines regarding how long Rolla families have to file a wrongful death claim, exceptions exist that may allow you to file a claim even after the three years have passed.

Beneficiary Age

The closest family member to the deceased is generally the one with the right to file a wrongful death claim. This is generally the deceased’s spouse, children, or parents, for example. If the individual’s primary beneficiary or beneficiaries are minors, the wrongful death statute of limitations begins on their 21st birthday.

Late Discovery

Sometimes, the family of the deceased may not realize that another party’s negligence led to their loved one’s death. If evidence later establishes the family’s right to file a wrongful death claim, they may be given more time to file and move forward with a case.

Government Liability

If a government entity bears liability for the death of a loved one, the family may have less time to move forward with a claim than the typical statute of limitations allows. In Missouri, the family or estate of the deceased must file a notice of claim within 90 days of the fatal accident if a government entity bears liability for the individual’s death.

Contact a Rolla Lawyer to Discuss the Wrongful Death Statute of Limitations

The Rolla wrongful death statute of limitations outlines the timeline by which a family must file a claim for the loss of their loved one. Wrongful death claims can provide much-needed financial relief to families, including compensation covering their loved one’s final expenses, the loss of their income and the services they provided to the family, and the family’s grief. At AW Smith Law, we fight to help our clients protect that essential right to compensation. Contact us today to learn more about how we could help you.