Understanding how long you have to file a lawsuit after an injury is critical. The statute of limitations is the legal deadline for starting a case, and missing it can permanently bar your claim.
This article explains Missouri’s statutes of limitations for personal injury claims, including how certain exceptions can alter the requirements, and why acting promptly is crucial.
What Is a Statute of Limitations?
A statute of limitations sets the time frame within which an injured person must file a lawsuit. These deadlines exist to promote fairness. Evidence fades over time, witness memories diminish, and defendants deserve certainty in the end. If you file after the deadline, the court will likely dismiss your case, no matter how strong your evidence might be.
Every state has its own time limits for different types of cases, so it’s vital to know the rules that apply to your situation. The best way to be sure about your case’s statute of limitations is to consult with a qualified local attorney as soon as possible after your accident or injury.
Missouri’s General Personal Injury Deadline
In Missouri, the standard statute of limitations for most personal injury claims is usually five years from the date of the injury. This five-year limit applies to cases such as car accidents, slip and fall accidents, product liability claims, and dog bites. Missing this deadline usually means you lose your right to pursue compensation.
Exceptions and Shorter Deadlines
While five years is the general rule, several types of cases have shorter filing periods in Missouri:
Medical Malpractice Claims
Claims involving medical errors in Missouri must generally be filed within two years of the date of the malpractice. If the injury was not immediately apparent, the clock may start when the patient discovered or should have discovered the problem. However, an absolute limit (known as a statute of repose) bars claims more than ten years after the date of the error.
Wrongful Death Cases
Families who lose a loved one due to negligence in Missouri typically have three years to file a wrongful death lawsuit. The time begins on the date of death, not the date of the injury that caused it.
Claims Against Government Entities
If your injury involves a city, county, or state agency, special rules apply. You must usually file a notice of claim within a short period (often 90 days) to alert the government of your intent. Failing to provide notice can prevent you from filing a lawsuit later.
Lawsuits Involving Minors and Incapacitated Persons
If the injured person was under 21 years old or legally incapacitated at the time of the injury, the statute of limitations may be paused (tolled) until they reach 21 or regain capacity. This rule recognizes that minors and those with mental disabilities cannot assert their rights on their own.
These exceptions highlight the importance of consulting with an attorney promptly after an injury. The correct deadline can be complex, and waiting too long can jeopardize your claim.
Contact Our St. Louis Personal Injury Attorneys at Roach Law Car Accident Lawyers for a Free Consultation
Missing the statute of limitations can be devastating. By learning the deadlines that apply in Missouri, you can avoid losing a valid claim on a technicality. Acting quickly also ensures that evidence is preserved and witnesses remain available.
Whether you were injured in a car crash, hurt by a defective product, or harmed by medical negligence, consult with a qualified St. Louis personal injury attorney as soon as possible. Prompt action protects your legal rights. Call Roach Law Car Accident Lawyers for a free consultation.
For more information, contact the best personal injury lawyer in St. Louis, MO at Roach Law Car Accident Lawyers. We proudly serve all throughout Missouri, including St. Louis County, and we have offices in St. Louis, Chesterfield, Clayton, and Creve Coeur.
Roach Law Car Accident Lawyers – St. Louis Office
1010 Market Street, Suite 1605
St. Louis, Missouri
(636) 519-0085
Roach Law Car Accident Lawyers – Chesterfield Office
400 Chesterfield Center Suite 600
Chesterfield, MO 63017
(636) 999-9587
Roach Law Car Accident Lawyers – Creve Coeur Office
11628 Old Ballas Rd, Suite 320
Creve Coeur, MO 63141
(314) 557-2869
Roach Law Car Accident Lawyers – Clayton Office
7733 Forsyth Blvd, Suite 1100
Clayton, MO 63105
(314) 804-4569
