Statute of Limitations for Personal Injury Claims in Missouri
Getting injured can be painful and overwhelming, especially when it happens because of someone else’s negligence. Fortunately, Missouri law gives you the right to seek compensation for your medical bills, lost wages, and the hardships you’ve endured.
In the aftermath of an accident, you may feel like everything is spinning out of control, dealing with treatment, recovery, and mounting expenses. Filing a personal injury claim might be the last thing on your mind. However, it’s important to know that the law limits how long you have to take legal action. This deadline, known as the statute of limitations, determines how much time you have to file a personal injury claim and protect your right to compensation.
Understanding this time limit early can make all the difference in securing the justice and support you deserve.
What Is a Statute of Limitations?
A statute of limitations is a law that sets a time limit for filing a lawsuit after an injury. It basically says, “You must take action by this date, or your claim may no longer be valid.”
In Missouri, the general rule is you have five years from the date of injury to file most personal injury claims (Missouri Revised Statutes 516.120). If you miss this window, you could lose your chance to recover compensation for your losses.
What’s the purpose of the statute of limitations? It’s designed to:
- Keep Evidence Reliable: Over time, the witnesses to the injury can forget details. Documents may also get lost, and legal or medical documents may be harder to obtain.
- Encourage Prompt Action: Acting quickly helps injured parties resolve any issues without unnecessary delays.
- Ensure Fairness to Defendant and Plaintiff: It’s not fair to the injured party to wait for years to receive compensation for their injuries. It’s not fair to the defendant, either, to face a lawsuit long after evidence has disappeared or memories have faded.
Not all cases follow the same timeline. Depending on the type of injury, the liable party, and your personal circumstances, the deadline may be shorter or even longer. That’s why understanding Missouri’s statutes of limitations for personal injury claims early is important.
Common Personal Injury Cases and Their Time Limits in Missouri
Missouri law recognizes many kinds of personal injury claims. The following table highlights them:
| Type of injury | Description | Deadline |
| Car, truck, and motorcycle accidents | Injuries caused by road accidents due to another driver’s negligence or reckless behavior | 5 years |
| Slip and fall claims | Injuries caused by falling on someone’s property due to unsafe conditions, e.g., wet floors or broken steps | 5 years |
| Dog bite claims | Injuries caused by pets or wild animals | 5 years |
| Negligence claims | General injuries caused by someone else’s carelessness, resulting in harm | 5 years |
| Claims for plaintiffs who are minors | Any personal injury claims involving someone under age 21 | 5 years from the minor’s 21st birthday |
| Premises liability claims | Injuries suffered on someone’s property due to unsafe conditions like poor maintenance, hazards, or lack of safety measures | 5 years |
| Product liability claims | Injuries caused by defective products | 5 years |
| Dram shop claims | Injuries caused by someone who was over-served alcohol at a bar or restaurant, leading to accidents or harm | 5 years for negligence, 3 years for wrongful death |
| Wrongful death claims | If a loved one dies due to someone else’s negligence | 3 years |
| Medical malpractice claims | Professional negligence by healthcare providers | 2 years from discovery, a maximum of 10 years |
| Workers’ compensation claims | Injuries or illnesses that happen on the job due to workplace conditions or accidents | 2 years |
When Can Missouri’s Statutes of Limitation Be Extended?
- The Discovery Rule: For most personal injury cases, the legal clock starts ticking on the date of injury. But if the injury isn’t immediately obvious, the discovery rule applies. The discovery rule is a legal principle that allows the statute of limitations for filing your personal injury lawsuit to begin when you discovered the injury.
- Minors: If the injured person is under 21, Missouri law allows the filing period to begin after they turn 21 and extend to five years after their 21st birthday.
- Mental Incapacity: If the injured person was mentally incapacitated, they have 5 years after being declared mentally competent to file a personal injury claim.
- Defendant Leaves Missouri: If the person or business at fault leaves the state, the time they spend outside Missouri may not count toward the deadline.
- Claims Involving Government Agencies: If your personal injury claim involves a government agency like a county, city, or state government, Missouri law requires that, within 90 days, you must inform the government agency of your intention to file a lawsuit. Then, you have 1 year from the date you discover the injury to actually file the lawsuit.
Why It’s Important to File a Personal Injury Claim Early
Five years seems like a lot of time, but even then, waiting too long can weaken your case and jeopardize your chances of getting the compensation you’re entitled to. Within the time of injury and the filing deadline:
- Physical evidence like accident sites, vehicle wreckage, and debris may disappear, making it difficult to gather key details that can help your case.
- Surveillance videos may be overwritten or removed.
- Medical records may be harder to retrieve due to the passage of time.
- Memories of eyewitnesses may fade with time, and their testimonies would no longer be credible in court.
- Expert testimonies: Accident reconstruction or medical experts need early preparation to testify accurately for your case.
Besides, insurance companies often exploit filing delays to offer quick, lowball settlements that don’t align with the cost of your injuries. So, acting early is best. That way, your attorney can gather the strongest evidence possible in record time and help ensure you get adequate compensation.
What if You Miss the Statute of Limitations?
Imagine you slipped on a wet floor on Kingshighway Boulevard in St. Louis, reported the accident, but delayed contacting an attorney. Five years pass, and you only then decide to file a lawsuit.
The court says the statute of limitations expired, so you lose your right to compensation even though the injury was serious. That means you won’t be able to recover compensation for your suffering and other damages.
Although there are exceptions to this rule, they usually apply to specific situations and may be difficult to prove. But even if time may have passed, contact an experienced attorney immediately. They can determine whether any exceptions apply in your case or if a related claim is still viable.
Generally, it’s best to treat the statute of limitations as a hard deadline. Waiting can be risky.
Talk to a Missouri Personal Injury Lawyer Today
At Cofman Townsley, we have decades of experience helping injured Missourians claim compensation. We’ve helped Missourians navigate strict deadlines, complex paperwork, and insurance obstacles. We understand the stress, deadlines, and details that can make or break a case.
If you’ve been hurt in Missouri and aren’t sure how long you have to file a claim, contact us as soon as possible. A member of our staff will contact you shortly. We’ll review your circumstances, identify your deadlines, and do our best to protect your compensation rights.