How Long Does a Wrongful Death Car Accident Case Take to Resolve in Missouri?

There is no single answer to this question, and perhaps that is the most honest thing anyone can tell you right now. A wrongful death case arising from a car accident in Missouri can take anywhere from several months to three years or longer. Some families resolve within a year; others wait much longer, especially when liability is contested, or the matter goes to trial.

The timeline depends on a number of moving parts, including:

• How clear-cut fault and negligence are in the collision
• Whether multiple defendants or insurance policies are involved
• The willingness of the opposing party to negotiate in good faith
• How busy the local court docket is at the time of filing
• The complexity of medical evidence linking the crash to the fatality
• Whether depositions or expert testimony are required
• Disputes among family members over who should bring the action
• Strategic decisions your legal team makes about when to push for resolution

Every fatal auto collision claim is different. A straightforward rear-end crash with clear police reports may settle faster than a multi-vehicle pileup involving commercial trucks and disputed liability.

Missouri’s Three-Year Filing Deadline

Under Missouri Revised Statutes § 537.100, surviving family members have exactly three years from the date of their loved one’s passing to file a wrongful death lawsuit. This clock starts on the day the person dies, not necessarily on the day the car accident occurred. If someone is hospitalized for weeks or months after a collision before succumbing to their injuries, the three-year period begins at the time of passing.

Missing this deadline almost always results in the court dismissing the claim entirely, regardless of its strength. While three years may seem sufficient, gathering evidence and building a strong case takes longer than most people expect.

There are very limited exceptions to this rule:

• If a government entity caused the fatal collision, a 90-day notice requirement applies
• When the defendant leaves the state, the clock may be tolled during their absence
• Minors who are beneficiaries may have additional time once they reach age 18
• Medical malpractice-related fatalities can involve separate discovery rules
• Fraud or concealment by the responsible party may extend the filing window

Relying on an exception is risky. The safest approach is always to consult with a lawyer as early as possible after the loss.

Stages of a Fatal Auto Collision Claim

Understanding the typical phases can help you set realistic expectations about how long resolution might take.

Stage	Typical Duration	What Happens
Initial Investigation	1 to 3 months	Evidence gathering, police reports, witness interviews
Filing the Complaint	1 to 2 months	Formal documents were drafted and served on the defendants
Discovery Phase	3 to 12 months	Both sides exchange records, take depositions
Mediation and Negotiation	1 to 3 months	Structured talks to reach a fair agreement
Trial and Verdict	2 to 5 days (plus scheduling wait)	Jury hears evidence and delivers a decision

Initial Investigation

Before anything is filed, your attorney will conduct a thorough review of the facts. This means collecting:

• Police crash reports and traffic citations
• Autopsy and toxicology results
• Medical records tying the injuries to the collision
• Witness statements from the scene
• Surveillance or dashcam footage, if available
• Cell phone records that might indicate distracted driving
• Vehicle maintenance and inspection logs
• Expert opinions from accident reconstructionists

Preserving this evidence early is critical. Skid marks fade, memories shift, and surveillance footage is often deleted within weeks.

Filing the Complaint

Once your legal team has gathered enough supporting evidence, they will draft a formal complaint. This document identifies the defendants, outlines the basis for the claim, and specifies the compensation being sought. After filing with the court, the complaint must be served on all named parties.

The Discovery Phase

Discovery is typically the longest part of any wrongful death case. During this stage, both sides exchange information and build their arguments. Activities during discovery include:

• Written interrogatories, where each party answers questions under oath
• Requests for production of documents like insurance records and internal communications
• Depositions of witnesses, experts, and parties to the suit
• Subpoenas for third-party records from hospitals or employers
• Inspection of vehicles or other physical evidence
• Hiring expert witnesses in fields like accident reconstruction or economics

A straightforward claim might wrap up discovery in a few months. Complex cases involving multiple parties or corporate defendants can stretch this phase well beyond a year.

Settlement Negotiations and Mediation

Many wrongful death claims are resolved before trial through mediation or informal negotiation. A neutral mediator helps both sides work toward a fair agreement. If the insurer is cooperative and the evidence is strong, this phase can move quickly. When the opposing side disputes the claim’s value, these talks can drag on for months.

Trial and Verdict

If no agreement is reached, the matter proceeds to trial. While the trial may last only several days, families often wait months for a court date to become available. Missouri courts carry heavy caseloads, and scheduling delays are common. After the jury delivers its verdict, either party may file post-trial motions or appeals, further extending the settlement timeline.

Factors That Influence How Long Resolution Takes

Liability Disputes and Multiple Parties

When the fault is obvious, cases tend to move faster. Contested liability, however, introduces delays that can add months or even years. Situations that often complicate matters include:

• The at-fault driver is denying responsibility
• Conflicting witness accounts of the collision
• Allegations of shared fault under Missouri’s comparative negligence rules
• Multiple defendants, such as a driver and a trucking company
• Involvement of a government vehicle requires separate procedures
• Product defect allegations involving a vehicle manufacturer
• Disputes over whether road conditions contributed to the crash
• Commercial insurance carriers contesting policy coverage

Each added layer of complexity requires additional investigation and negotiation.

Court Backlogs and Scheduling

Even when a case is trial-ready, you may face significant wait times. Urban counties like St. Louis and Jackson County tend to have busier dockets. Rural jurisdictions may move faster, but they sometimes have fewer judicial resources available.

Who Can File Under Missouri Revised Statutes § 537.080

Not just anyone can bring a wrongful death action. Missouri law establishes a strict priority system for eligible claimants:

• Class 1: The deceased person’s spouse, children (biological or adopted), or parents
• Class 2: If no Class 1 individuals survive, siblings of the deceased or their descendants
• Class 3: If nobody from the first two categories exists or is willing to sue, the court appoints a plaintiff ad litem
• Only one unified lawsuit may be filed per death, meaning family members must join together
• Any resulting settlement requires court approval to protect beneficiaries
• When minor children are beneficiaries, additional oversight from the court is typical

Understanding this hierarchy early on matters. Delays in determining the proper plaintiff can eat into the three-year window.

Damages Available in Fatal Collision Cases

Economic Losses

These are the measurable financial impacts that surviving family members suffer:

• Funeral and burial expenses
• Medical bills incurred between the injury and passing
• Lost future income the deceased would have earned
• Loss of employment benefits like retirement contributions and health coverage
• Cost of household services the deceased previously provided
• Value of caregiving for children, the elderly, or the disabled dependents
• Transportation and related out-of-pocket costs
• Costs associated with probate or estate administration

Missouri places no cap on economic damages in car accident wrongful death claims, which is distinct from medical malpractice cases where non-economic recovery is limited.

Non-Economic Losses

These address the emotional and relational toll of losing someone:

• Pain and suffering the deceased endured before passing
• Loss of companionship and consortium for a surviving spouse
• Loss of parental guidance and training for surviving children
• Loss of comfort and emotional support for parents
• Mental anguish experienced by the surviving family
• Diminished quality of life for dependents
• Loss of counsel and moral guidance

Punitive damages may also be awarded in rare situations where the defendant’s behavior was particularly reckless or intentional. Missouri generally caps punitive awards at $500,000 or five times the combined economic and non-economic total.

The Role of Insurance in the Settlement Timeline

Insurance carriers are central to how quickly or slowly a wrongful death claim progresses. A cooperative insurer motivated to avoid trial can speed up negotiations considerably. Unfortunately, that is not always how things play out.

Common tactics insurers use to delay or reduce payouts include:

• Disputing who was at fault for the collision
• Undervaluing the deceased person’s future earnings
• Requesting excessive documentation before making offers
• Offering lowball settlements early, hoping grieving families will accept
• Stalling communication during the claims process
• Contesting the extent of medical treatment before the passing
• Challenging the relationship between the accident and the fatality
• Arguing that pre-existing conditions contributed to the death
• Hiring their own experts to contradict your evidence
• Delaying responses to demand letters and discovery requests

Having an experienced personal injury lawyer on your side levels the playing field. A skilled accident lawyer knows how to counter these strategies and push for fair compensation on your behalf.

Frequently Asked Questions

What is the average wrongful death settlement in Missouri?

There is no fixed average, as each case depends on unique circumstances such as the deceased person’s age, earning capacity, and the severity of the negligence involved. Reported Missouri verdicts and settlements range widely, from roughly $500,000 to well over $1 million. Cases involving young wage earners with dependents tend to produce higher awards. Punitive damages can further increase the total when the defendant acted with extreme recklessness. Because every situation is different, consulting a lawyer remains the best way to understand what your particular claim could be worth.

How long do wrongful death lawsuits usually take?

Most wrongful death lawsuits in Missouri resolve within one to three years from the date of filing. Simpler claims with undisputed fault may settle within several months of filing the complaint. More complex litigation involving multiple defendants, extensive discovery, or a full trial can stretch beyond three years. Court scheduling also plays a major role, as busy jurisdictions may have longer wait times before a trial date becomes available. Working with an attorney who understands the local court system can help keep the process moving efficiently.

What is the wrongful death statute in Missouri?

Missouri Revised Statutes § 537.080 defines wrongful death as a fatality caused by any act that would have entitled the victim to pursue a personal injury claim had they survived. The law creates a right for surviving relatives to seek compensation on behalf of the deceased. Section 537.100 sets the filing deadline at three years from the date of passing. Eligible claimants are prioritized as follows: spouse, children, and parents; then siblings; then a court-appointed representative. Only one unified legal action may be brought per death.

Do most wrongful death cases settle?

Yes, a significant majority of wrongful death claims are resolved through out-of-court settlements rather than jury trials. Settling avoids the unpredictability of a verdict and reduces the emotional burden on surviving relatives. Insurance carriers also prefer settlements because trials are expensive and outcomes are uncertain. However, settling does not mean accepting a low offer. Families who have strong legal representation typically receive fairer proposals because insurers know the alternative is a costly courtroom battle they might lose. Mediation is one common path toward reaching a reasonable agreement before trial.

Talk to Missouri Injury Law Firm Today

Losing a loved one in a car accident is devastating, and the legal process should not add to your family’s burden. Our team at Missouri Injury Law Firm is ready to walk you through every step of your wrongful death claim. Call us for a free consultation, and let us handle the legal weight while you focus on what matters most.

Related Articles:

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What to Do After a Fatal Car Accident in Missouri

What Damages Are Available in a Missouri Fatal Car Accident Case?

Can You Recover Funeral Costs After a Fatal Car Accident in Missouri?