If you have been injured due to someone else’s negligence, a clock is already ticking on your right to seek justice. Missouri law sets firm deadlines for filing personal injury claims, and missing those deadlines can mean losing the ability to seek compensation entirely. The rules are not always straightforward; different circumstances can shorten or extend the timeline in ways you might not expect.
Missouri’s Statute of Limitations for Personal Injury Claims
In Missouri, you generally have five years from the date of your injury—or from the date the injury was discovered—to file a personal injury lawsuit. This deadline is established under Missouri Statute 516.120 and applies to civil claims involving negligence or intentional wrongdoing by another party.
Five years is one of the longest statutes of limitations for personal injury claims in the country, but don’t let that give you a false sense of security. Building a strong case takes time and effort. Over time, evidence can deteriorate, witnesses’ memories fade, and critical documentation can become harder to obtain. It is best to contact a Missouri personal injury attorney as soon as possible to initiate your lawsuit.
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Situations Where the Statute of Limitations May Be Changed
There are circumstances under which Missouri’s five-year deadline may be paused or tolled:
- The Discovery Rule: If you were not immediately aware of your injury, the five-year clock may not start until the point when you knew, or reasonably should have known, about the harm.
- Incapacitated or Younger Victims: If the injured person is under the age of 21 or has been determined to be mentally incapacitated, the five-year filing window does not begin until they turn 21 or are declared mentally competent.
- Defendants Flee the State: If the defendant leaves Missouri at any point, the time they spend out of state may not count toward the statute of limitations deadline.
Another important distinction involves wrongful death lawsuits, which are filed when someone dies due to the wrongful actions of another person. If an injury results in the victim’s death, the victim’s surviving family members have three years—not five—to file a wrongful death claim.
Filing Deadlines for Claims Against Government Entities
If your injury involves a government agency or employee, the timeline is significantly shorter. Missouri requires that you file your claim with the Office of Administration’s Risk Management Division within just 90 days of discovering the injury. This is a fraction of the time allowed for standard personal injury claims, and it can pass very quickly. By speaking with a personal injury lawyer early on, you can identify all applicable deadlines so that your right to compensation is preserved.
Don’t Let Time Run Out—Contact a Missouri Personal Injury Attorney
No matter how much time you think you have, the smartest move is to consult with an attorney as soon as possible. The Missouri personal injury lawyers at Dollar, Burns, Becker, and Hershewe can evaluate your situation, identify the deadlines that apply to your case, and help you take the right steps to protect your claim. Contact us today at (816) 876-2600 to get started.