When you’re involved in an accident—whether it’s a car crash, slip and fall, or another personal injury incident—your health and safety are your first priority. But once the dust settles, one of the most important legal questions to consider is: How long do you have to file a claim in Missouri?
Understanding Missouri’s legal deadlines can help you protect your rights and avoid losing out on the compensation you may be entitled to. Here’s what you need to know about Missouri’s statutes of limitations and the timeline for filing a personal injury claim.
The Statute of Limitations in Missouri
In Missouri, the statute of limitations for most personal injury claims is five years from the date of the accident. This means that you have up to five years to file a lawsuit against the at-fault party. If you miss this window, your case is likely to be dismissed by the court, regardless of the strength of your claim.
This five-year rule applies to many types of personal injury cases, including:
- Car accidents
- Slip and fall injuries
- Dog bites
- Bicycle or pedestrian accidents
- General negligence claims
It’s important to note that while five years may seem like a generous amount of time, waiting too long to act can hurt your case. Evidence may be lost, memories may fade, and witnesses may be harder to locate. Consulting an attorney soon after the accident can make a significant difference in the strength of your claim.
Special Rules for Wrongful Death Claims
If you’re filing a claim due to the death of a loved one caused by someone else’s negligence, Missouri law imposes a shorter time limit. For wrongful death cases, the statute of limitations is three years from the date of death, not the date of the injury.
Wrongful death lawsuits can be emotionally and legally complex, so it’s especially important to act quickly and seek experienced legal guidance.
Property Damage Claims
If your accident resulted in property damage, such as damage to your car, you have five years to file a lawsuit to recover the cost of repairs or replacement. This is separate from a personal injury claim, although they are often pursued simultaneously.
Exceptions to the Rule
There are some rare situations where the statute of limitations may be “tolled” or extended. These exceptions include:
- Minors: If an individual is injured while under the age of 18, Missouri law pauses the statute of limitations until they turn 21. At that point, the five-year clock begins, giving them until they are 26 years old to file a personal injury claim.
- Mental incapacitation: If the injured person is mentally incapacitated at the time of the injury, the clock may be paused until they regain capacity.
- Discovery rule: In certain situations, if the injury or its cause wasn’t immediately apparent, the clock may begin when the injury is discovered or reasonably should have been discovered.
These exceptions can be complicated and are applied on a case-by-case basis. An attorney can help determine whether any tolling rules may apply in your situation.
Why Acting Sooner Is Better
Although Missouri law allows you several years to file a claim, time is not always on your side. The sooner you involve a lawyer, the sooner they can begin gathering evidence, talking to witnesses, working with insurance companies, and building a solid case on your behalf.
Delays can result in lost documents, fading witness memories, or giving the other side time to shift blame. Early legal intervention can also give you better leverage when negotiating settlements.
Speak With a Missouri Personal Injury Attorney Today
If you’ve been injured in an accident in Missouri, don’t wait until it’s too late to take legal action. At Wegmann Law Firm, we have decades of experience helping clients protect their rights and pursue fair compensation for injuries, lost wages, and other damages.Contact us today for a consultation and get the peace of mind you deserve.
