When Should You File a Wrongful Death Claim in Missouri?

Losing a loved one under tragic circumstances is devastating. It becomes even more complicated when their death was caused by someone else’s negligence, recklessness, or unsafe conditions. For families in Missouri facing this kind of loss, understanding when to take legal action is as important as whether to. Acting too late may mean losing your right to seek justice and compensation. This article walks you through the key milestones and timing considerations for a wrongful death claim in Missouri, especially in cases involving common scenarios like auto collisions, truck accidents, slip-and-fall incidents, traumatic brain injuries, and fatal workplace accidents.

Understanding Missouri’s Wrongful Death Law

In Missouri, the wrongful death statute provides a pathway for certain surviving family members to sue when a person’s death was due to another’s wrongful act, neglect or default. Under Missouri Revised Statutes § 537.080, if the deceased person could have sued for a personal injury had they lived, then a wrongful death action may proceed. 

Because the law sets strict deadlines and eligibility rules, the decision of when to file a claim is more than a strategic option; it can determine whether you have a case at all. Missouri law allows only one wrongful death action per death, and it must be brought by someone with legal standing under the statute. Lawyers like Bert Fulk understand that the timing of your filing affects everything, from evidence preservation to settlement leverage.

Key Timing Milestones for Filing

When considering a wrongful death claim in Missouri, four timing milestones are critically important:

• Date of death: The clock starts on the date the person died, not necessarily the date of the injury or accident. Missouri law generally measures the filing deadline from that date. 
• Statute of limitations: In most wrongful death cases, you have three years from the date of death to file the lawsuit. If you miss that, you risk losing your right to pursue compensation
• Evidence preservation timeframe: The sooner you initiate an investigation, the more likely critical physical evidence, eyewitness testimony, and documentation remain available, especially in complex cases like truck accidents, TBI deaths or defective product incidents.
• Settlement vs. litigation window: Many wrongful death claims resolve by settlement, often after investigation and negotiation rather than trial. Early filing enhances your ability to negotiate from a position of strength.

Each of these milestones impacts whether you should act quickly. Waiting until the last moment often means fewer options and higher risks.

Common Situations Where Timing Matters Most

Below are five frequent wrongful death scenarios that Bert Fulk Law handles, and how timing plays a crucial role in each:

1. Auto accidents: Fatal crashes often involve police reports, insurance investigations, and witness statements. Filing early ensures access to those records and preserves crash scene evidence before it is altered or lost.
2. Truck accidents: Commercial trucking deaths bring added complexity, like regulatory logs, driver fatigue data, and vehicle maintenance records. Starting the claim process quickly helps capture all relevant information.
3. Slip & fall incidents: When someone fatally falls due to hazardous property conditions (ice, uneven surfaces), evidence like video footage or surface measurements can vanish fast. Early action is critical.
4. Traumatic brain injuries (TBIs): In cases where a severe brain injury leads to death, the medical record and timeline are key. Prompt legal engagement ensures timelines align and causation is documented before memories fade.
5. Workplace accidents: Fatal injuries at work may involve OSHA reports, company risk assessments and internal investigations. Early filing prevents critical documents from disappearing or being destroyed.

In each of these situations, the law imposes the same three-year deadline. However, early filing improves your ability to investigate liability, gather evidence and negotiate fair compensation.

How Delay Can Harm Your Case

Delays in filing can erode a wrongful death claim in several ways:

• Witnesses move away, change contact information or forget details.
• Physical evidence may be removed or altered (for example, a hazardous surface may be repaired, or a crash scene cleared away).
• Insurance companies may use the delay to push for lowball settlements or argue that the family’s investigation was negligent.
• Opposing parties may claim the statute of limitations has expired, ending your ability to recover compensation altogether.

Because of these risks, the moment you believe someone’s wrongful act contributed to a death, or you are even uncertain, it is wise to speak with a wrongful death attorney. The law allows the full three years, but the best outcomes often come when action is taken much earlier.

When Should You Contact a Wrongful Death Attorney?

Contacting a lawyer is not just a matter of ticking off a deadline; it’s about building your case from day one. You should strongly consider reaching out to an attorney if any of the following apply:

• You believe your loved one’s death resulted from a motor vehicle collision, commercial truck crash, slip-and-fall hazard, workplace accident or defective product.
• You are unsure whether the death was due to negligence or intentional misconduct but believe someone else had a duty to act.
• You want help preserving evidence, locating witnesses, or working with experts (for example accident reconstruction or medical review).
• You want to explore your rights without losing time. Even if you are still grieving, the legal clock is ticking.

A wrongful death claim is both emotional and legal. Timing matters not because policies dictate it, but because justice often depends on the availability of evidence and the willingness of parties to settle fairly. By acting early, you preserve your rights and strengthen your ability to hold those responsible accountable.

Speak With Us About Your Potential Claim

If you recently lost a loved one and believe the death may have been caused by someone else’s negligence or wrongdoing, you should act promptly. Our team at Bert Fulk Law is prepared to help with wrongful deaths resulting from motor vehicle accidents, truck collisions, slip-and-fall hazards, traumatic brain injuries, and workplace incidents. We will guide you through Missouri’s legal deadlines, help preserve key evidence, and position your family for the best recovery possible. Please reach out to us today to begin a conversation and protect your legal rights.