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I am not licensed in MO, so I will defer to the other attorneys who indicated the SOL is 3 years there. Again, I would have to defer to an attorney licensed in your state; however, under certain circumstances in some jurisdictions, a statute of limitations can be "tolled." For instance, in WV we have a "discovery rule," which in simplified terms means that if the wrong could not be discovered because of some wrongful concealment on the part of the wrongdoer then the SOL is tolled until the wrong is discovered or reasonably should have been discovered. A classic example in the medical malpractice context is a sponge or instrument left in a body cavity during surgery, which is discovered some years later. However, this may or may not apply to your situation and in the case of a death, typically the nature of the wrong is known at or about that time of death, unless there is some subsequent revelation or medical finding.
It is too late. You have 3 years from the date of death to file a wrongful death claim in Missouri.
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