Statute of Limitations in Missouri for Personal Injury

November 25, 2023

When it comes to personal injury cases, it is important to understand the laws and regulations that govern them. One crucial aspect is the statute of limitations, which refers to the period within which a person can file a lawsuit after experiencing an injury. In Missouri, like every other state, there are specific statutes in place to determine the timeframe for filing a personal injury claim .

Missouri Statute of Limitations for Personal Injury

In Missouri, the statute of limitations for personal injury cases is five years. This means that if you have suffered an injury due to someone else's negligence or intentional misconduct, you have five years from the date of the incident to initiate legal action. Failing to file a lawsuit within this time frame can result in the court dismissing your claim, barring you from pursuing compensation for your injuries.
While five years might seem like a substantial amount of time, it is essential not to delay taking action if you have been injured. Waiting until the last minute can complicate your case and hinder the gathering of necessary evidence. Additionally, witnesses' memories can fade over time, making it more challenging to provide strong evidence to support your claim.

Exceptions to Missouri's Personal Injury Statutes of Limitations

Like many other states, there are certain exceptions to the standard five-year statute of limitations in Missouri for personal injury cases. For instance, if the injury involves medical malpractice, the time limit is shortened to two years. However, there are circumstances in which this period can be extended.

1. Discovery Rule

Under the discovery rule, the statute of limitations clock for personal injury cases may begin ticking from the date when the injury or its cause was discovered or should reasonably have been discovered. This exception is particularly relevant in cases involving latent injuries or medical malpractice, where symptoms may not become apparent until long after the incident. Consult with an attorney experienced in personal injury law to determine if the discovery rule could be applicable to your case.

2. Minors and Disabilities

If the injured party is a minor (under the age of 18), they are granted an extended statute of limitations. However, it is important to remember that once they turn 18, the regular statute of limitations period will begin. Additionally, if the injured individual suffers from a physical or mental disability, the clock may be suspended until they regain competency.

3. Governmental Entities and Employees

Claims against government entities or employees can often be more complex due to sovereign immunity and specific time frames laid out by the Missouri Tort Claims Act . Typically, an injured party must file a notice of claim within 90 days of the incident before filing a lawsuit, and failure to adhere to this deadline can result in loss of the right to sue. If you believe your personal injury claim involves a government entity, consult an attorney who is familiar with the relevant procedural requirements.

4. Fraud or Misrepresentation

If the defendant has fraudulently concealed the cause of your injury or misled you in any way, the statute of limitations may be extended. In such cases, the clock will start ticking from the time you reasonably discovered the fraud or misrepresentation, rather than the date of the incident itself. An attorney can help you navigate these complex situations and determine the best course of action.

Consequences of Missing the Deadline to File a Personal Injury Claim in Missouri

If you fail to meet the deadline to file a personal injury claim in Missouri, you effectively lose your legal right to seek compensation for your injuries. The defendant will have a strong defense, arguing that the case is time-barred, and the court is likely to dismiss your claim.

Importance of Acting Early

Filing a personal injury claim is a complex process that requires gathering evidence, consulting legal counsel, and negotiating with insurance companies. By delaying the filing process, you risk losing valuable time to build a strong case. Acting promptly allows your attorney to investigate the accident, interview witnesses, and collect all necessary documentation.

Seeking Legal Assistance from a Personal Injury Attorney

It is important to consult with an experienced personal injury attorney if you believe you have a legitimate claim. They will be able to assess your situation, review all relevant timelines, and guide you on how to proceed.
Overall, understanding the statute of limitations in Missouri for personal injury cases is crucial if you want to protect your rights and pursue rightful compensation. It is always best to act promptly after sustaining an injury to ensure the strongest possible case. Remember, consulting with a knowledgeable attorney like Michael J Englert, Attorney at Law is the best way to navigate through legal complexities and ensure your rights are protected.

Statute of Limitations in Missouri for Personal Injury

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