Wrongful Death Deadline vs. Personal Injury Statute of Limitations

A Missouri family has three years from the death, which is shorter than the five years the injured person would have had.

Three years from death

Most wrongful death claims must be filed within three years from the date of death under RSMo 537.100.

Compared with an injury claim

Most personal injury claims get five years under RSMo 516.120. So if the injured person would still have had time, the family's own deadline can still be shorter.

Malpractice

Medical malpractice claims must generally be brought within two years of the negligent act under RSMo 516.105, with a ten-year outer limit, so a family should not assume the three-year death deadline is the one that controls.

Government defendants

Claims against public entities also face the sovereign immunity limits in RSMo 537.610, so confirm early which procedures and caps apply.

Injured in Missouri?

A local personal injury attorney can review your claim — many offer a free consultation.

Talk to a Missouri attorney

Official sources

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Missouri's rules apply to your specific case with a licensed Missouri attorney.