It’s important to know the statute of limitations if you’re thinking about filing a personal injury claim in Missouri. This law says how long you have to file a lawsuit after you get hurt. You might be able to get money if someone else hurt you because they were careless or broke the law. However, the law only gives you a certain amount of time to take legal action.
After an accident, many people are dealing with pain, medical treatment, and stress. It can be difficult to think about legal deadlines during this time. But waiting too long can cause big problems for your case. The court might not hear your case if the deadline passes. This means you might not be able to get money back for your medical bills, lost wages, and other losses.
Because of this, a lot of people decide to talk to a Missouri personal injury lawyer who knows what they’re doing right after an accident. A lawyer can go over the facts of your case, explain the time limits that apply to it, and help you make sure you do everything you need to do before the deadline. Taking action early can help protect your rights and give you the best chance of getting fair compensation.
What Is the Missouri Personal Injury Statute of Limitations?
Every state has a time limit for filing civil lawsuits, such as personal injury claims. This time limit is called the statute of limitations. But the exact deadline may be different for each case.
For example, the deadline for a personal injury case in Missouri might be different from the deadline for a case of wrongful death or a contract dispute. Different types of claims might have different rules.
In a lot of personal injury cases in Missouri, the clock starts when the injury is found or when it should have been found. This means the deadline may begin once you know, or should know, that you were hurt and that someone else may be responsible.
If someone else hurt you, you might be able to sue them in a Missouri civil court for personal injury. This could happen if you get into a car accident or slip and fall on someone else’s property.
But you need to follow the law when you file a lawsuit. This law tells you how long you have to go to court with your case. If you miss that deadline, you might not be able to file a claim and get money.
If someone was careless or did something on purpose that hurt you, Missouri law usually considers it a personal injury. In these situations, you might be able to sue for personal injury.
Intentional tort cases are when someone hurts someone else on purpose, like in an assault. Accidents like slips and falls or car crashes are examples of negligence cases. You can talk to a personal injury lawyer if you’re not sure how your case will be handled.
Simply put, Missouri’s statute of limitations sets the deadline for filing a personal injury lawsuit. In most cases, you have five years from the date of the injury to file in civil court. If you file after five years, the court will likely dismiss the case.
What Happens if I Miss the Filing Deadline?
You might miss the statute of limitations if you wait more than five years after the accident to file a personal injury lawsuit. If that happens, the court might not let your case go forward.
The person you are suing can ask the court to throw out the case because you filed it too late. In many situations, the court will agree and dismiss it. In some rare situations, however, the law may allow extra time to file.
As it sets the deadline for filing a lawsuit, the Missouri personal injury statute of limitations is important to your case. The deadline can also affect settlement talks with the other person and their insurance company. If the five-year deadline has already passed and the other side knows it, you may not be able to move forward with your case.
Exceptions to the Statute
In some situations, the Missouri personal injury statute of limitations may be delayed or paused after it begins. When this happens, the deadline to file a lawsuit may be extended.
Two common exceptions to the Missouri personal injury statute of limitations include:
- Persons mentally unable to manage their own affairs
- Persons under 21 at the time of the accident. Under Missouri Revised Statutes § 516.170, the five-year deadline may not begin until the person turns 21 or is legally found to be mentally competent.
The Rules for Government Agencies Are Different
If a government agency or government employee is involved, different rules may apply. In Missouri, injury claims against the state or a city usually must be reported within 90 days of the accident. These claims must be filed with the Office of Administration’s Risk Management Division, and they may also need to be filed in civil court.
As you can see, even though there is a general five-year deadline for personal injury claims, the law can still be complicated. A trusted personal injury lawyer can answer your questions and help protect your rights in court.
Discuss Your Case With a Missouri Personal Injury Lawyer
You do not have to handle everything alone if someone else caused your injury. A Missouri personal injury lawyer can review your case, explain your rights, and help you understand what steps to take next. To talk about your case and learn how we may help, call Wegmann Law Firm at (636) 797-2665 or contact us online.
