Wrongful Death Statute of Limitations in Missouri

Last verified 2026-07 · Source: Mo. Rev. Stat. § 537.080; § 537.090; § 537.100 ✓ verified · 3 sources

The deadline

3 years

from Date of death, under Mo. Rev. Stat. § 537.080; § 537.090; § 537.100.

Missouri law sets a hard deadline of 3 years to file a wrongful death lawsuit. The controlling statute is Mo. Rev. Stat. § 537.080; § 537.090; § 537.100, and the clock generally starts on Date of death. Below: exactly when that clock starts, the exceptions that can pause it, and the traps that shorten it.

Missouri Deadlines for Related Claims

Claim type	Deadline	Statute
Wrongful Death	3 years	Mo. Rev. Stat. § 537.080; § 537.090; § 537.100
Car Accident	5 yrs	Mo. Rev. Stat. § 516.120(4)
Credit Card Debt	5 yrs	Mo. Rev. Stat. § 516.120(1)
Medical Malpractice	2 yrs	RSMo § 516.105
Personal Injury	5 yrs	Mo. Rev. Stat. § 516.120(4)
Dog Bite	5 yrs	Mo. Rev. Stat. § 273.036
Slip and Fall	5 yrs	Mo. Rev. Stat. § 516.120(4)
Defamation	2 yrs	Mo. Rev. Stat. § 516.140
Breach of Contract	10 yrs	Mo. Rev. Stat. § 516.110
Medical Debt	5 yrs	RSMo § 516.120

When the Clock Starts

In Missouri, the limitations period for wrongful death claims generally begins on Date of death. Missouri does not apply a general discovery rule to this claim type — the date of the event controls, which makes early action critical.

Exceptions That Can Extend the Deadline

Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
Defendant leaves the state: absence can pause the clock in many circumstances.
Damage caps: No general cap on wrongful death damages; medical malpractice-based wrongful death claims subject to separate damage limits

Eligible parties in priority order: surviving spouse, parents, or children/descendants; if none, siblings or their descendants; if none, the court appoints a plaintiff ad litem. Only one wrongful death action may be maintained. Damages distributed among beneficiaries by the court.

Source: Mo. Rev. Stat. § 537.080; § 537.090; § 537.100, official Missouri statute · verified 2026-07

What to Do Before the Deadline Runs

Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
Send preservation/notice letters where required (especially for Missouri government defendants).
If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.

How Missouri Compares to Nearby States

State	Deadline	Statute
Missouri	3 years	Mo. Rev. Stat. § 537.080; § 537.090; § 537.100
Iowa	2 yrs	Iowa Code § 614.1(2)
Illinois	2 yrs	740 ILCS 180/2
Kentucky	1 yr	KRS § 411.130; KRS § 413.180
Tennessee	1 yr	Tenn. Code Ann. § 28-3-104
Arkansas	3 yrs	Ark. Code Ann. § 16-62-102
Oklahoma	2 yrs	Okla. Stat. tit. 12, § 1053
Kansas	2 yrs	K.S.A. § 60-1901
Nebraska	2 yrs	Neb. Rev. Stat. § 30-810

Frequently Asked Questions

How long do I have to file a wrongful death lawsuit in Missouri?

You have 3 years from Date of death, under Mo. Rev. Stat. § 537.080; § 537.090; § 537.100.

Can I still sue after 3 years in Missouri?

Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (fraudulent concealment) can extend the deadline; whether one applies depends on your facts.

Sources

Official Missouri Revised Statutes § 537.080 – Action for Wrongful Death: Who May Sue and Limitation
Corroborating Wrongful Death Lawsuits in Missouri – Nolo
Corroborating Missouri Civil Statute of Limitations Laws – FindLaw
Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify

This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Missouri attorney.