What happens if I do not settle my personal injury claim before the statute of limitations?

Short answer: If you do not resolve or preserve a personal injury claim before Missouri’s statute of limitations runs, the court will likely bar your lawsuit and you will lose the right to recover money for your injuries—unless a legal exception applies. This article explains how statutes of limitation work in Missouri, common exceptions (tolling and the discovery rule), practical steps to protect your rights, and when you should talk to an attorney.

Detailed Answer — How Missouri’s statute of limitations affects an unresolved personal injury claim

Every state sets time limits for bringing different types of civil lawsuits. In Missouri, those time limits are found in the Missouri Revised Statutes (Chapter 516). If you wait past the applicable deadline, the defendant can raise the statute of limitations as a defense and ask the court to dismiss your case. In most situations a dismissal for running out the clock ends your ability to obtain compensation through the courts.

Key points:

• Filing a lawsuit preserves your right. If settlement talks are dragging on, filing a lawsuit before the deadline preserves your claim. You can continue negotiating after you file.
• Dismissal is the common result. If the defendant proves the statute has expired, the judge will typically dismiss the claim and you cannot recover damages in that suit.
• Settlement is voluntary; filing is protective. Settling is one way to resolve a claim. Filing suit is a separate step that protects your legal right to pursue damages if settlement fails.

Which Missouri statute controls the deadline?

Missouri’s statutes set different limitation periods for different claims. For general personal-injury (tort) claims and other actions, see Chapter 516 of the Missouri Revised Statutes. For the exact statutory language and the different time periods, consult the Missouri Revisor of Statutes: https://revisor.mo.gov/main/OneSection.aspx?section=516.140

Note: Certain claims have shorter or different deadlines (for example, medical-malpractice and product-liability cases, or wrongful-death claims), and the law governing those claims may include special notice or expert-report requirements. Always check the statute that applies to your specific claim.

Common consequences of missing the deadline

• Case barred: The court will likely refuse to hear your claim after the defendant successfully raises the statute of limitations.
• Lost leverage: Even if a defendant does not immediately raise the defense, the mere expiration often reduces settlement leverage—insurers and defendants know the claim may be unenforceable.
• Costs and fees: You may have spent time, medical expenses, and other money pursuing a claim you can no longer litigate.

Important exceptions and ways a claim can survive past the deadline

• Tolling: Certain situations pause (toll) the running of the statute—for example, minority (a child plaintiff), legal incapacity, or defendant absence in some circumstances. The statute pauses while the tolling condition exists.
• Discovery rule: If the injury was latent and not reasonably discoverable at the time it occurred, Missouri law may allow the limitations period to begin when the injury was (or reasonably should have been) discovered. The discovery rule and its scope depend on the type of claim.
• Fraud or concealment: If the defendant actively concealed the injury or the cause of injury, courts may toll the period until discovery.
• Contractual or statutory notice requirements: Some claims (especially against public entities or in medical-malpractice cases) require you to provide notice or file expert reports within specific timeframes in addition to filing suit; failure to comply can bar the claim even if the general statute of limitations has not yet run.

Practical guidance: What you should do if settlement has not happened and the deadline is approaching

1. Check the deadline now. Identify the date of injury and calculate the statute of limitations for your type of claim. Don’t rely on settlement timelines—use the statutory deadline.
2. File suit before the deadline if needed. If negotiations are not close to resolution, file a lawsuit before the statute expires to preserve your rights. Filing does not prevent settlement; it protects your claim while you keep negotiating.
3. Consider a tolling agreement. In some cases the parties can sign an agreement that pauses the statute of limitations (a tolling agreement) to allow more time for negotiations. This requires the defendant’s consent and should be in writing.
4. Gather records and medical evidence. Collect medical records, incident reports, photographs, and witness contact information now so you are ready if you need to file.
5. Ask about exceptions. If the facts include a minor, incapacity, or hidden injuries, ask an attorney whether tolling or the discovery rule may apply.

Helpful Hints

• Do not assume the insurer will protect your statute—only filing a lawsuit preserves the claim against all defenses.
• Keep a timeline of events (date of accident, medical visits, discovery of injuries, settlement communications). A clear timeline helps establish when the statute began to run or when you discovered the injury.
• If you are negotiating, consider a written tolling agreement if talks are prolonged. This avoids the “wait-and-see” risk.
• For medical-malpractice and wrongful-death claims, confirm any special notice or shorter filing deadlines that apply—these claims often have unique rules.
• Talk to a lawyer early. An attorney can calculate deadlines, advise on tolling/ discovery rules, prepare and file suit if necessary, and suggest negotiation strategies that protect your rights.

Where to read the law

Relevant provisions on limitation periods are in Chapter 516 of the Missouri Revised Statutes. See the statute text here: https://revisor.mo.gov/main/OneSection.aspx?section=516.140

Bottom line

If settlement hasn’t happened and Missouri’s statute of limitations is approaching, act now. File a lawsuit to preserve your claim or obtain a written tolling agreement. If you miss the deadline without an applicable exception, the court will likely bar your claim and you will lose the right to recover damages.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. I am not a lawyer. Laws change and individual facts matter. Consult a licensed Missouri attorney to get advice tailored to your situation.