Missouri Statute of Limitations: Personal Injury Deadlines

The standard time limit to file a personal injury lawsuit in Missouri is five years from the date the injury occurred (RSMo § 516.120). This specific timeframe within which personal injury plaintiffs (injured parties) must act to file a claim and seek compensation for their losses is known as the statute of limitations. This window also allows injured victims some time to seek medical treatment and care, gather evidence, strengthen their claim and assess the full scope of their damages before initiating legal action.

However, when plaintiffs miss this important deadline, they may lose their ability to seek compensation, even if their personal injury case is strong. There are some exceptions to this statute, but the time plaintiffs have can vary depending on the details of their particular case. It is crucial for injured individuals to understand how the statute of limitations works and why it is important to seek the counsel of an experienced Missouri personal injury lawyer immediately after their injury accident.

Key Takeaways

Here is a quick list of the key deadlines in Missouri for different types of personal injury lawsuits:

• Standard negligence: 5 years
• Medical malpractice: 2 years
• Wrongful death: 3 years
• Government claims: 90 days (to file notice of claim)
• Minors: 5 years starting from the victim turning 21 years of age

The Standard 5-Year Rule

A statute of limitations sets a deadline for the injured party to file a lawsuit. When a lawsuit is not filed within that time, the plaintiff is typically not able to sue, even if their case has merits.

According to Missouri Revised Statute § 516.120, the statute of limitations for personal injury claims is five years. This essentially means that an injured person has five years from the date he or she was injured to file a personal injury lawsuit.

Not all states have a five-year deadline. In fact, most states require personal injury claims to be filed within two or three years.

In Missouri,  if you fail to meet the five-year deadline, your personal injury case can be dismissed. This means you can lose the right to seek compensation for your injuries, damages and losses, and you may never be able to file a claim again for that injury incident.

What Are the Deadlines in Missouri?

Understanding Missouri’s statute of limitations is critical if you are thinking about filing a personal injury lawsuit. But, it could prove tricky because the deadlines vary depending on the type of injury or case. While the deadline is five years for personal injury cases, that changes for other types of cases such as medical malpractice, wrongful death and injuries that involve negligence on the part of a government agency. The following table lists Missouri’s filing deadlines based on the type of injury or case.

 

Type of injury or case	Deadline
Car accidents/negligence	5 years
Slip and fall accidents	5 years
Product liability	5 years
Medical malpractice	2 years
Assault/Battery	2 years
Wrongful death	3 years
Workers’ compensation	2 years

 

What Are the Exceptions?

One of the important exceptions to the statute of limitations is the Discovery Rule. This applies to a medical malpractice or fraud-related claim where the statute of limitations clock is stalled until the injury is actually discovered. This helps protect patients in cases where they don’t know that medical negligence (or fraud) has occurred. An example of such a scenario is a surgical instrument being left inside a patient’s body. In these cases, the clock begins ticking only after the patient becomes aware of the harm.

Missouri law also extends the statute of limitations for minors. If a victim was under 21 when he or she was injured, the five-year deadline clock is paused until the victim turns 21. So, in such cases, the victim would have five years starting from the day they turn 21 years of age to file their lawsuit. In some cases, the clock can also be paused if a defendant leaves the state to dodge a lawsuit. In such cases, the defendant can be legally served when he or she returns to the state. This helps ensure that a negligent individual doesn’t escape liability simply by leaving the state.

CAUTION: The 90-Day Rule for Government Claims

The statute of limitations is different if you are considering suing a governmental agency in Missouri — be it a city, county or state agency. When the defendant is a government entity, the standard five-year deadline doesn’t apply. This is because such entities have immunity from lawsuits, which means claims such as those involving dangerous roadways or negligence on the part of government employees, etc. need to follow procedures that differ from regular personal injury cases.

For example, in such cases, a claimant (victim) must file a “notice of claim” to the appropriate agency within 90 days after the accident that caused the injury. Not meeting this deadline can prevent you from filing a claim, even if the entity was clearly at fault. The rules and procedures can also vary depending on the type of government agency involved, which makes the process all the more challenging. This is why it is imperative to consult an experienced Missouri personal injury attorney who has successfully handled injury cases involving government entities.

Don’t Wait 5 Years to File Your Lawsuit

While it is a fact that Missouri allows up to five years to file most personal injury lawsuits, it is definitely not in your best interest to wait that length of time before seeking compensation for your injuries. The statute of limitations is a legal maximum and you may hurt your case by delaying your claim unnecessarily. In most instances, your injury case is bolstered by the amount and quality of evidence that is collected. And as personal injury attorneys, we have seen many cases where such evidence deteriorates or goes missing over a length of time, significantly impacting your ability to prove negligence and damages.

Another element to consider here is that memories of all parties involved as well as witnesses are freshest when an incident has just occurred. Recollection of important details often fade over time. Witnesses may forget crucial details such as the sequence of events or the behavior of the parties involved. Even small lapses in memory can make testimonies inconsistent, giving insurance adjusters or defense attorneys an opportunity to challenge a victim’s credibility.

Another challenge in these types of cases is lost and/or degraded (damaged) physical evidence.

We have seen many cases where surveillance footage is deleted within 30 days or accident scene markings such as skid marks fade or have been removed. Further, damaged property or damaged vehicles may be repaired quickly. Additionally, insurance companies tend to question gaps in medical treatment or postponed legal action as a sign that the injury was minor or not impactful. This can affect your chances of securing larger compensation/settlements or make it more challenging to show evidence of chronic pain, physical limitations or lost wages.

Filing earlier allows your attorney to preserve evidence, document your injuries and treatment promptly and present a more persuasive case. While Missouri’s five-year statute of limitations provides flexibility, acting sooner rather than later increases your chances maximizing compensation and receiving a just settlement.

FAQs: Missouri Statute of Limitations

Is there a time limit on personal injury claims in Missouri?

Yes, Missouri law sets a time limit, known as the statute of limitations, for filing most personal injury claims. For most negligence-based injuries, a victim must file their lawsuit within five years of the date of their injury.

What is the hardest injury to prove?

Generally speaking, soft tissue injuries such as whiplash or muscle strains tend to be harder to document because they may not show up clearly on X-rays or scans. And the amount/extent of pain caused to the victim may also be difficult to prove here. These cases become challenging when there is a delayed filing, specifically as evidence fades and memories of the incident can become inconsistent with the passage of time.

When does the “clock” start ticking?

The “clock” for a personal injury claim typically starts on the date of the accident for standard negligence cases. However, there are exceptions for claims such as medical malpractice or fraud, where the “clock” starts when the injury is discovered or should have been discovered, under the Discovery Rule.

Can I file without a lawyer?

You can file a personal injury claim without a lawyer. But, because these cases can get complicated and due to the heightened risk of having your case dismissed on the grounds of a technicality (missed deadlines or procedural errors), it is in your best interest to consult an experienced personal injury attorney right away.

Protecting Your Rights

Missouri’s five-year statute of limitations for personal injury cases provides a generous window, but this time frame must be looked at as a legal limit and not a chance to delay. Waiting the full five years could potentially weaken your case, putting your compensation at risk. For claims against government entities such as cities or state agencies, the time limit is stricter. The narrow 90-day deadline is easy to overlook or miss and can completely bar a lawsuit and with it, the chances of just compensation, regardless of the merits of your case.

Acting promptly ensures your claim is as strong as possible and maximizes the potential for fair compensation. Call our personal injury attorneys in Missouri who can help calculate the deadline to file your case and preserve crucial evidence before it disappears.