If you were injured in an accident in Missouri, you’re limited to filing your claim within the statute of limitations guidelines. In most personal injury cases, including car accidents, claims must be filed within five years of the injury. This time limit exists to give injured individuals a fair opportunity to understand their injuries and pursue compensation.
That said, filing deadlines can vary based on the type of accident and claim, and limited exceptions may apply. Missing the statute of limitations can result in losing your right to compensation, even if your case is strong.
Because these rules are strictly enforced, speaking with a Missouri personal injury lawyer early can help ensure your claim is filed on time and your rights are protected. Look over this guide to understand the different types of injury claims in Missouri and how your case may be impacted by them.
Related: How Long Does a Personal Injury Case Take in Missouri?
Key Takeaways of Filing a Personal Injury Claim in Missouri
- Missouri generally gives five years to file most car accident and personal injury claims, which is longer than many states, but deadlines vary by case type.
- The clock usually starts on the accident date, though it may start later if an injury wasn’t immediately discoverable, a rule courts apply narrowly.
- Some cases have shorter or different deadlines, including medical malpractice (usually two years) and wrongful death (three years).
- Special rules apply for minors, incapacitated individuals, and absent defendants, which can pause or alter the statute of limitations.
- Claims involving government entities have strict notice requirements, sometimes as short as 90 days, even if the lawsuit deadline is years away.
Understanding Missouri’s Statute of Limitations
For most general personal injury cases in Missouri, the law is actually quite generous compared to other states. Under Missouri Revised Statute 516.120, you typically have five years from the date of the injury to file a lawsuit.
This five-year window generally covers:
- Car, truck, and motorcycle accidents
- Slip and fall accidents
- Dog bites
- Product liability (defective products)
- Property damage
Learn More: What to Do After a Car Accident
When Does the Clock Start?
Usually, the five-year countdown begins on the date the accident occurred. However, Missouri follows a rule regarding when damages are “capable of ascertainment” (Missouri Revised Statute 516.100).
Under this rule, the legal “clock” doesn’t officially start until the injury is known, or should have been known, through ordinary care. This can matter in cases where injuries aren’t immediately obvious or worsen over time.
That said, relying on this rule to extend your deadline can be risky. Courts interpret it narrowly, and waiting too long could cost you your right to file a claim. That’s why it’s important to speak with a lawyer who can determine when your claim officially begins and make sure you don’t miss the deadline.
Your lawyer can also help you get access to medical treatment you may not have considered or received yet.
Exceptions to the Five-Year Rule in Missouri Injury Cases
While five years is the standard, Missouri law recognizes that certain circumstances make it impossible or unfair to expect someone to file a lawsuit immediately.
Minors and Incapacitated Persons
If the injured person is under the age of 21 or is mentally incapacitated at the time of the injury, the clock is paused. According to Missouri Revised Statute 516.170, the statute of limitations does not begin to run until the disability is removed.
- For Minors: The timeline typically begins on their 21st birthday.
- For Mental Incapacity: The timeline begins once the person is declared competent.
Defendant Absence
If the person who caused your injury leaves the state of Missouri and cannot be served with legal papers, the time they are absent generally does not count toward the five-year limit, as outlined in Missouri Revised Statute 537.100.
The Strict Timeline for Medical Malpractice
It is vital to understand that medical malpractice cases do not follow the general five-year rule. If you have been harmed by a healthcare provider, such as a doctor, nurse, or any other healthcare professional, the timeline is significantly shorter.
Under Missouri Revised Statute 516.105, you generally have only two years from the date of the negligence to file a claim.
There are specific nuances to this rule:
- The Discovery Rule: If a foreign object is left inside the body (like a surgical tool), or if there is a negligent failure to inform a patient of medical test results, the two-year clock may start from the date the error was discovered (or should have been discovered).
- Statute of Repose: Regardless of when the injury is discovered, Missouri places a hard cap (statute of repose) of 10 years on most medical malpractice claims.
- Minors: A minor under age 18 has until their 20th birthday to bring a medical malpractice action.
Wrongful Death Claims
When an accident results in the tragic loss of a loved one, the legal timeline changes. Actions for wrongful death are governed by Missouri Revised Statute 537.080. The statute of limitations for these cases is three years from the date of death, as stated in Missouri Revised Statute 537.100. This is two years shorter than a standard injury claim, making it essential for families to seek legal assistance sooner rather than later.
While no amount of compensation can replace a family member, a wrongful death claim can provide financial stability for those left behind.
Related: How to File a Wrongful Death Claim in Missouri
Claims Against Government Entities
If you were injured by a government employee (like a city bus driver) or on government property (like a slip and fall in a county building), the rules become much more complex due to “sovereign immunity.”
While Missouri Revised Statute 537.600 waives immunity for certain cases, specifically those involving motor vehicle accidents and dangerous property conditions, there are strict notice requirements.
Many municipalities in Missouri have ordinances requiring you to file a specific “Notice of Claim” with the mayor or city clerk very quickly, sometimes within 90 days of the accident. Failing to file this notice correctly can result in your case being thrown out, even if you are well within the five-year statute of limitations for filing the actual lawsuit.
Why Seeking Legal Counsel Early Matters
While five years may sound like a long time, waiting until the last minute is rarely in your best interest. Building a strong personal injury case takes time. As time passes, the insurance company will take your case less and less seriously. Evidence disappears, and sympathy from insurance adjusters fades.
Speaking to an attorney earlier rather than later will help you understand everything that needs to be done so you have a chance at securing the compensation you deserve. More importantly, handing this burden over to a professional allows you to prioritize your physical and mental health.
Frequently Asked Questions
Can I File a Claim Without an Attorney?
While you legally can file a claim on your own, it is not recommended. Insurance companies have teams of lawyers working to minimize your payout. They will pull every trick in the book to confuse you and make you settle for less. It’s beneficial to hire an attorney who knows these tricks and will stop at nothing to get you the settlement you’re owed.
What If I Didn’t Realize I Was Injured Right Away?
This is common with injuries like whiplash or internal trauma. Just because you don’t see any injuries doesn’t mean there aren’t any. Missouri’s “capable of ascertainment” rule may help, but it is a complex legal argument. It is best to see a doctor immediately after any accident to document your condition.
Can I Still File a Claim if the Accident was Partly My Fault?
Yes. Missouri follows a system of “pure comparative fault.” This doctrine was judicially adopted in the landmark case Gustafson v. Benda. Under this system, you are not barred from recovering damages just because you share some blame. Instead, your compensation is reduced by your percentage of fault.
For example, if you have $100,000 in damages but were found to be 20% at fault for the accident, you would still be eligible to receive $80,000. This makes it worth pursuing a claim even if the circumstances of the accident were complicated.
Hire an Experienced Lawyer to File Your Missouri Personal Injury Claim
If you or a loved one has been injured, the legal clock is already ticking. But you do not have to face the confusion and deadlines alone.
At The Law Offices of Peter A. Jouras, Jr., we understand that you are going through one of the most difficult times in your life. With over 25 years of experience serving clients in both Kansas and Missouri, we offer the sophisticated legal knowledge you need with the personal attention you deserve.
We are a small firm, which means you won’t get lost in the shuffle. You will have one-on-one contact with an attorney who genuinely cares about your well-being. We handle cases on a contingency fee basis, meaning you don’t pay a dime unless we win your case.
Contact us today for a free consultation, and let us handle the deadlines so you can focus on healing.
Contact us online today to schedule a free consultation or call us at (913) 677-1999.
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