## How the limitation period applies

The controlling primary authority for US-MO wrongful death SOL (537.100) is **537.100**.

> **537.100.** S AND TORTS Chapter 537 < > • Effective - 28 Aug 2018, 2 histories 537.100. Limitation of action — effect of absence of defendant and nonsuit. — 1. Every action instituted under section 537.080 shall be commenced within three years after the cause of action shall accrue; provided, that if any defendant, whether a resident or nonresident of the state at the time any such cause of action accrues, shall then or thereafter be absent or depart from the state, so that personal service cannot be had upon such defendant in the state in any such action heretofore or hereafter accruing, the time during which such defendant is so absent from the state shall not be deemed or taken as any part of the tim

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## Sources

- [537.100 — 537.100](https://revisor.mo.gov/main/OneSection.aspx?section=537.100)

All sources are official primary law published by `revisor.mo.gov`.

**Corroboration method:** government_primary_source_direct_fetch.


Statute of limitations for wrongful death in Missouri — backed by real statute citations.

Statute of limitations for wrongful death in Missouri

All 14 claim_types deepened with primary revisor.mo.gov source_url and verbatim raw_statute_text. No period changes from prior file. Legal-malpractice audited specifically: 5 yr is correct under § 516.120 (Klemme v. Best line). The NJ/VA PI-misclassification fabrication pattern does not apply to Missouri because the general PI period in MO is itself 5 yr, so even the 'wrong' framing yields the right number.

516.120. What actions within five years. — Within five years: (1) All actions upon contracts, obligations or liabilities, express or implied, except those mentioned in section 516.110 , and except upon judgments or decrees of a court of record, and except where a different time is herein limited; (2) An action upon a liability created by a statute other than a penalty or forfeiture; (3) An action for trespass on real estate; (4) An action for taking, detaining or injuring any goods or chattels, including actions for the recovery of specific personal property, or for any other injury to the person or rights of another, not arising on contract and not herein otherwise enumerated; (5) An action for relief on the ground of fraud, the cause of action in such case to be deemed not to have accrued until the discovery by the aggrieved party, at any time within ten years, of the facts constituting the fraud.

516.110. What action shall be commenced within ten years. — Within ten years: (1) An action upon any writing, whether sealed or unsealed, for the payment of money or property; (2) Actions brought on any covenant of warranty contained in any deed of conveyance of land shall be brought within ten years next after there shall have been a final decision against the title of the covenantor in such deed, and actions on any covenant of seizin contained in any such deed shall be brought within ten years after the cause of such action shall accrue; (3) Actions for relief, not herein otherwise provided for.

(5) An action for relief on the ground of fraud, the cause of action in such case to be deemed not to have accrued until the discovery by the aggrieved party, at any time within ten years, of the facts constituting the fraud.

516.140. What actions within two years. — Within two years: an action for libel, slander, injurious falsehood, assault, battery, false imprisonment, criminal conversation, malicious prosecution or actions brought under section 290.140 . An action by an employee for the payment of unpaid minimum wages, unpaid overtime compensation or liquidated damages by reason of the nonpayment of minimum wages or overtime compensation, and for the recovery of any amount under and by virtue of the provisions of the Fair Labor Standards Act of 1938 and amendments thereto, such act being an act of Congress, shall be brought within two years after the cause accrued.

All actions against physicians, hospitals, dentists, registered or licensed practical nurses, optometrists, podiatrists, pharmacists, chiropractors, professional physical therapists, mental health professionals licensed under chapter 337, and any other entity providing health care services and all employees of any of the foregoing acting in the course and scope of their employment, for damages for malpractice, negligence, error or mistake related to health care shall be brought within two years from the date of occurrence of the act of neglect complained of, except that: (1) In cases in which the act of neglect complained of is introducing and negligently permitting any foreign object to remain within the body of a living person, the action shall be brought within two years from the date of the discovery of such alleged negligence, or from the date on which the patient in the exercise of ordinary care should have discovered such alleged negligence, whichever date first occurs.

(4) An action for taking, detaining or injuring any goods or chattels, including actions for the recovery of specific personal property, or for any other injury to the person or rights of another, not arising on contract and not herein otherwise enumerated;

(1) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it. (2) A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach. A breach of warranty occurs when tender of delivery is made, except that where a warranty explicitly extends to future performance of the goods and discovery of the breach must await the time of such performance the cause of action accrues when the breach is or should have been discovered.

Every action instituted under section 537.080 shall be commenced within three years after the cause of action shall accrue; provided, that if any defendant, whether a resident or nonresident of the state at the time any such cause of action accrues, shall then or thereafter be absent or depart from the state, so that personal service cannot be had upon such defendant in the state in any such action heretofore or hereafter accruing, the time during which such defendant is so absent from the state shall not be deemed or taken as any part of the time limited for the commencement of such action against him; and provided, that if any such action shall have been commenced within the time prescribed in this section, and the plaintiff therein take or suffer a nonsuit, or after a verdict for him the judgment be arrested, or after a judgment for him the same be reversed on appeal or error, such plaintiff may commence a new action from time to time within one year after such nonsuit suffered or such judgment arrested or reversed.

Within two years: an action for libel, slander, injurious falsehood, assault, battery, false imprisonment, criminal conversation, malicious prosecution or actions brought under section 290.140 . An action by an employee for the payment of unpaid minimum wages, unpaid overtime compensation or liquidated damages by reason of the nonpayment of minimum wages or overtime compensation, and for the recovery of any amount under and by virtue of the provisions of the Fair Labor Standards Act of 1938 and amendments thereto, such act being an act of Congress, shall be brought within two years after the cause accrued.

516.120. What actions within five years. — Within five years: (1) All actions upon contracts, obligations or liabilities, express or implied, except those mentioned in section 516.110 , and except upon judgments or decrees of a court of record, and except where a different time is herein limited;

In any judgment, order, or decree awarding child support or maintenance, each periodic payment shall be presumed paid and satisfied after the expiration of ten years from the date that periodic payment is due, unless the judgment has been otherwise revived as set out in subsection 1 of this section. This subsection shall take effect as to all such judgments, orders, or decrees which have not been presumed paid pursuant to subsection 1 of this section as of August 31, 1982.

Any action to recover damages for economic loss, personal injury, property damage or wrongful death arising out of a defective or unsafe condition of any improvement to real property, including any action for contribution or indemnity for damages sustained on account of the defect or unsafe condition, shall be commenced within ten years of the date on which such improvement is completed.

Any action commenced on or after May 14, 1947, to enforce any cause of action for unpaid minimum wages, unpaid overtime compensation, or liquidated damages, under the Fair Labor Standards Act of 1938, as amended [ 29 U.S.C. 201 et seq. ], the Walsh-Healey Act, or the Bacon-Davis Act 1 - (a) if the cause of action accrues on or after May 14, 1947-may be commenced within two years after the cause of action accrued, and every such action shall be forever barred unless commenced within two years after the cause of action accrued, except that a cause of action arising out of a willful violation may be commenced within three years after the cause of action accrued;

(b) A tort claim against the United States shall be forever barred unless it is presented in writing to the appropriate Federal agency within two years after such claim accrues or unless action is begun within six months after the date of mailing, by certified or registered mail, of notice of final denial of the claim by the agency to which it was presented.

All actions against physicians, hospitals, dentists, registered or licensed practical nurses, optometrists, podiatrists, pharmacists, chiropractors, professional physical therapists, mental health professionals licensed under chapter 337 , and any other entity providing health care services and all employees of any of the foregoing acting in the course and scope of their employment, for damages for malpractice, negligence, error or mistake related to health care shall be brought within two years from the date of occurrence of the act of neglect complained of, except that: (1) In cases in which the act of neglect complained of is introducing and negligently permitting any foreign object to remain within the body of a living person, the action shall be brought within two years from the date of the discovery of such alleged negligence, or from the date on which the patient in the exercise of ordinary care should have discovered such alleged negligence, whichever date first occurs.

As a jurisdictional condition precedent to filing a civil action under this chapter, any person claiming to be aggrieved by an unlawful discriminatory practice shall make, sign and file with the commission a verified complaint in writing, within one hundred eighty days of the alleged act of discrimination, which shall state the name and address of the employer, employment agency, labor organization, or place of public accommodation alleged to have committed the unlawful discriminatory practice and which shall set forth the particulars thereof and such other information as may be required by the commission.

Any action brought in court under this section shall be filed within ninety days from the date of the commission's notification letter to the individual but no later than two years after the alleged cause occurred or its reasonable discovery by the alleged injured party.

An action for relief on the ground of fraud, the cause of action in such case to be deemed not to have accrued until the discovery by the aggrieved party, at any time within ten years, of the facts constituting the fraud.

Missouri imposes a five-year statute of limitations on general personal-injury / negligence claims pursuant to RSMo 516.120(4), which sweeps in 'any other injury to the person or rights of another, not arising on contract and not herein otherwise enumerated.' This is the residual personal-injury limitation period for negligence-based claims that are not specifically governed by RSMo 516.105 (medical malpractice), RSMo 516.140 (assault, libel, slander), or another more specific section.

Missouri imposes a four-year statute of limitations on actions for breach of any contract for sale, including breach of warranty, pursuant to RSMo 400.2-725(1) (Missouri's enactment of UCC § 2-725). Under subsection (2), a breach of warranty cause of action accrues 'when tender of delivery is made,' except that where a warranty 'explicitly extends to future performance of the goods and discovery of the breach must await the time of such performance,' accrual is deferred until 'the breach is or s

Missouri imposes a ten-year statute of repose on actions arising from a defective or unsafe condition of an improvement to real property, running from the date the improvement is completed (or from the date the occupancy permit is issued, if one is issued). The repose applies only to defendants whose sole connection to the improvement is design, planning, or construction services; it is subject to exceptions for concealed defects and does not limit actions against owners or possessors of the rea

Under Missouri RSMo 516.140, actions for libel, slander, injurious falsehood, assault, battery, false imprisonment, criminal conversation, and malicious prosecution must be brought within two years.

Under Mo. Rev. Stat. § 516.120(4), an action for 'any other injury to the person or rights of another, not arising on contract and not herein otherwise enumerated' must be commenced within five years. This 5-year rule controls general PI, negligence, premises liability, product liability, slip-and-fall, and dog bite in Missouri. Note: § 516.140 has specific 2-year carve-outs for libel/slander/assault/battery/false-imprisonment/medical-malpractice/wrongful-death.

Under Mo. Rev. Stat. § 516.350(2), each periodic child support or maintenance payment is presumed paid and satisfied after 10 years from the date that periodic payment is due, unless the judgment has been revived under § 516.350(1). This produces a rolling installment-by-installment limitations period — each unpaid installment becomes time-barred 10 years after its due date, but a revival action under subsection 1 can restart the clock. Applies to all such judgments not already presumed paid as 

Under 29 U.S.C. § 255(a), an action enforcing an FLSA cause of action for unpaid minimum wages, unpaid overtime compensation, or liquidated damages generally must be commenced within two years after the cause of action accrued; a cause of action arising out of a willful violation may be commenced within three years after the cause of action accrued.

A Missouri whistleblower-retaliation civil action under the MHRA (§ 213.070(2)) requires: (1) filing an administrative complaint with the MCHR; (2) receiving a right-to-sue letter; (3) filing the circuit court action within 90 days of the right-to-sue letter but in no event later than two years after the alleged cause occurred or its reasonable discovery. The two-year outer cap under § 213.111.1 is the controlling limitations period for this claim type. Missouri common-law wrongful discharge cla

A Missouri civil action for assault or battery must be commenced within two years from accrual of the cause of action (when damage is done and capable of ascertainment). RSMo § 516.140 explicitly governs assault and battery; the five-year catch-all at § 516.120(4) does not apply.

A Missouri civil action for slander (spoken defamation) or libel must be commenced within two years from accrual of the cause of action. RSMo § 516.140 explicitly governs 'libel, slander' with a two-year period; the five-year catch-all at § 516.120(4) does not apply.

Statute of limitations for breach of warranty in US-MO is 4 years under RSMo 400.2-725(1).

Statute of limitations for intentional torts in US-MO is 2 years under RSMo 516.140.

Statute of limitations for construction defects in US-MO is 10 years under RSMo 516.097.

Statute of limitations for child support enforcement modification in US-MO is 10 years under Mo. Rev. Stat. § 516.350(2).

Statute of limitations for whistleblower retaliation in US-MO is 2 years under Mo. Rev. Stat. § 213.111.

Statute of limitations for personal injury in US-MO is 5 years under Mo. Rev. Stat. § 516.120(4).

Statute of limitations for flsa claims federal wage hour in US-MO is 2 years under 29 U.S.C. § 255(a).

Statute of limitations for legal malpractice in US-MO is 5 years under Mo. Rev. Stat. § 516.120.

Statute of limitations for product liability in US-MO is 5 years under Mo. Rev. Stat. § 516.120.

Statute of limitations for premises liability in US-MO is 5 years under Mo. Rev. Stat. § 516.120.

Statute of limitations for breach written contract in US-MO is 5 years under Mo. Rev. Stat. § 516.120.

Statute of limitations for breach oral contract in US-MO is 5 years under Mo. Rev. Stat. § 516.120.

Statute of limitations for property damage in US-MO is 5 years under Mo. Rev. Stat. § 516.120.

Statute of limitations for trespass in US-MO is 5 years under Mo. Rev. Stat. § 516.120.

Statute of limitations for wrongful death in US-MO is 3 years under Mo. Rev. Stat. § 537.100.

Statute of limitations for medical malpractice in US-MO is 2 years under Mo. Rev. Stat. § 516.105.

Statute of limitations for ucc sale of goods in US-MO is 4 years under Mo. Rev. Stat. § 400.2-725.

Statute of limitations for libel in US-MO is 2 years under Mo. Rev. Stat. § 516.140.

Statute of limitations for slander in US-MO is 2 years under Mo. Rev. Stat. § 516.140.

Missouri actions upon any writing for the payment of money or property must be commenced within ten years under RSMo § 516.110(1).

A debt on a promissory note in Missouri is an action upon a writing for the payment of money and must be commenced within ten years under RSMo § 516.110(1).

Except as provided in section 516.105 , if any person entitled to bring an action in sections 516.100 to 516.370 specified, at the time the cause of action accrued be either within the age of twenty-one years, or mentally incapacitated, such person shall be at liberty to bring such actions within the respective times in sections 516.100 to 516.370 limited after such disability is removed.

Mo. Rev. Stat. § 516.170 tolls the SOL for minors (under 21) and mentally incapacitated persons; the period runs from removal of the disability. § 516.105 displaces this rule for med-mal claims.

516.280. Limitation not to be extended by improper acts of defendant. — If any person, by absconding or concealing himself, or by any other improper act, prevent the commencement of an action, such action may be commenced within the time herein limited, after the commencement of such action shall have ceased to be so prevented. (1968) This section is statutory authority for the proposition that fraudulent concealment of a cause of action is an improper act which, if established, will toll the running of limitations under section 516.140, RSMo. Smile v. Lawson (Mo.), 435 S.W.2d 325; Kauchick v. Williams (Mo.), 435 S.W.2d 342.

Mo. Rev. Stat. § 516.280 tolls the SOL when a defendant absconds or otherwise improperly prevents commencement of an action; the period resumes only after the obstruction ceases.

Mo. Rev. Stat. § 516.280 covers both physical absconding and concealment ('by absconding or concealing himself, or by any other improper act'). Fraudulent concealment is a statutory improper act per Smile v. Lawson, 435 S.W.2d 325 (Mo. 1968).

Mo. Rev. Stat. § 516.120(5) provides a statutory discovery rule for fraud: SOL does not begin until the aggrieved party discovers the fraud, subject to a 10-year outer bar. § 516.280 (Smile v. Lawson) extends tolling to fraudulent concealment by defendant.

Within ten years: (1) An action upon any writing, whether sealed or unsealed, for the payment of money or property; (2) Actions brought on any covenant of warranty contained in any deed of conveyance of land shall be brought within ten years next after there shall have been a final decision against the title of the covenantor in such deed, and actions on any covenant of seizin contained in any such deed shall be brought within ten years after the cause of such action shall accrue; (3) Actions for relief, not herein otherwise provided for.

Civil actions, other than those for the recovery of real property, can only be commenced within the periods prescribed in the following sections, after the causes of action shall have accrued; provided, that for the purposes of sections 516.100 to 516.370, the cause of action shall not be deemed to accrue when the wrong is done or the technical breach of contract or duty occurs, but when the damage resulting therefrom is sustained and is capable of ascertainment, and, if more than one item of damage, then the last item, so that all resulting damage may be recovered, and full and complete relief obtained.

Except as provided in section 516.105, if any person entitled to bring an action in sections 516.100 to 516.370 specified, at the time the cause of action accrued be either within the age of twenty-one years, or mentally incapacitated, such person shall be at liberty to bring such actions within the respective times in sections 516.100 to 516.370 limited after such disability is removed.

If any person, by absconding or concealing himself, or by any other improper act, prevent the commencement of an action, such action may be commenced within the time herein limited, after the commencement of such action shall have ceased to be so prevented.

Statute of limitations for wrongful death in Missouri

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