Missouri's Statute of Limitations for Personal Injury Claims Explained
When someone is injured due to another person's negligence or wrongdoing, it can be overwhelming. Along with medical bills and emotional stress, one of the most important factors to consider is how long the injured person has to file a legal claim. The statute of limitations plays a critical role in personal injury cases.
This legal concept sets a deadline by which a lawsuit must be initiated. If the deadline passes, the right to pursue a claim is lost. At Liberty Trial Law Group, we'll take a detailed look at Missouri’s statute of limitations for personal injury claims and what it means for those seeking justice after an injury.
What Is the Statute of Limitations?
The statute of limitations refers to the maximum period during which someone can file a lawsuit. This period varies depending on the type of case, and it is designed to make sure claims are made while evidence is still fresh and available.
It’s not just about timing; it also serves to protect defendants from facing lawsuits long after the event in question, when evidence may no longer be accessible or reliable.
For personal injury claims in Missouri, the statute of limitations is governed by specific state laws. These laws set time limits that begin from the date of the injury or accident. If the injured party doesn't file within the allowed time frame, the court will typically dismiss the case, no matter how valid the claim might be.
Missouri’s Personal Injury Statute of Limitations
In Missouri, the statute of limitations for most personal injury claims is five years, according to the Missouri Senate. This means that an individual has five years from the date of their injury to file a lawsuit. If a person is injured in an accident on January 1, 2020, they must file a lawsuit by January 1, 2025, unless certain exceptions apply.
It’s crucial to remember that the clock starts ticking from the date the injury occurs. For instance, if someone is injured in a car crash or slip-and-fall accident, the statute of limitations begins on the day of the accident itself, not when the individual realizes the injury.
Different Types of Personal Injury Cases in Missouri
While the general rule for personal injury claims in Missouri is five years, some types of cases have different time limits. The length of the statute of limitations can vary depending on the nature of the injury and the parties involved. Here are a few common exceptions:
Medical malpractice: The statute of limitations for medical malpractice cases is typically two years from the date of the injury. However, in some cases, the clock may not start until the injured person discovers the harm, which is known as the "discovery rule."
Product liability: In cases involving defective products, the statute of limitations is typically five years. However, if the defect leads to a more serious issue or injury, the injured party may have additional time based on specific circumstances.
Wrongful death: If a personal injury results in death, the statute of limitations for filing a wrongful death claim in Missouri is three years from the date of death.
Claims against the government: If the injury is caused by the negligence of a government entity or employee, the statute of limitations may be shorter—typically one year.
Because personal injury claims can vary widely, it’s important to understand the specific statute of limitations that applies to the case. A person injured in a car accident, for example, will have a different timeline than someone who is filing a medical malpractice lawsuit.
Tolling of the Statute of Limitations
There are situations where the statute of limitations in Missouri may be "tolled," or paused. In such cases, the time limit is effectively extended, allowing the injured party additional time to file their claim. Some of the most common reasons for tolling the statute of limitations in personal injury cases include:
Incapacitation: If the injured person is physically or mentally incapacitated, the statute of limitations may be delayed until they recover or are no longer incapacitated.
Minor status: If the injured person is a minor (under the age of 18), the statute of limitations may not begin until the person turns 18. For example, if a child is injured in an accident at the age of 10, they would typically have until their 23rd birthday to file a lawsuit.
Fraudulent concealment: If the defendant intentionally hides evidence that could be critical to the case, the statute of limitations may be paused until the plaintiff discovers the fraud.
These exceptions can help make sure that an injured party isn't unfairly prevented from pursuing justice due to factors beyond their control.
Why It’s Important to Act Quickly
Although the statute of limitations provides a set amount of time to file a personal injury claim, it's generally advisable to act as quickly as possible. There are several reasons for this:
Preserving evidence: The longer someone waits to file a claim, the harder it becomes to gather and preserve evidence. Witnesses may forget key details or become difficult to locate. Physical evidence may be lost, destroyed, or degraded over time.
Better outcome: Filing early allows your attorney to start investigating the case sooner, which can lead to better outcomes. The more time there is to prepare a case, the better your chances of obtaining a favorable settlement or verdict.
Statutory exceptions: As mentioned earlier, certain exceptions can extend the statute of limitations, but waiting too long might lead to the loss of these opportunities. If an injury goes undiscovered or isn’t diagnosed promptly, the clock may begin ticking when it’s too late to file a claim.
Medical treatment: Immediate legal action may also help speed up the medical treatment and documentation process. Injured individuals typically need thorough medical care, and having an ongoing case may assist with obtaining the necessary documentation from healthcare professionals.
What Does an Attorney Do in Personal Injury Claims?
Although the statute of limitations is a legal requirement that must be followed, hiring an attorney early in the process can offer a significant advantage. A personal injury lawyer can help in several ways, including:
Accurate time calculations: Personal injury law can be intricate, and understanding when the statute of limitations begins and ends can be challenging. A skilled attorney can calculate the precise filing deadline for your case.
Filing the lawsuit on time: Attorneys will make sure that all deadlines are met, helping to prevent your case from being dismissed due to filing too late.
Collecting evidence: Attorneys can assist with gathering the necessary evidence, such as medical records, accident reports, and witness testimony, all of which can be critical in proving the case.
Negotiating settlements: In many personal injury cases, settlements are reached before trial. Attorneys have the experience to negotiate settlements that are in the best interests of the client.
Hiring a lawyer early gives them the time and resources needed to build a strong case, maximizing the chances of a successful outcome.
Consequences of Missing the Statute of Limitations
If the statute of limitations expires and no claim has been filed, the injured person loses the right to seek compensation through the court system. Missouri law is strict about this rule, and courts generally won’t make exceptions.
As a result, a person who misses the deadline might find themselves unable to recover damages for their injuries.
It’s also worth noting that, in some cases, the statute of limitations can be extended or reduced based on other legal principles. However, this is a complicated issue and one best addressed with the help of an attorney.
Reach Out to Us Today
By understanding these rules and acting quickly, individuals who suffer personal injury in Missouri can protect their right to seek compensation and hold responsible parties accountable. Always consult with a legal professional to make sure that your claim is filed within the appropriate timeframe.
If you reside in Liberty, Missouri, schedule a consultation with us at Liberty Trial Law Group to gain more insight into the statute of limitations of personal injury claims.
