Disclaimer: This article provides general information only. It does not constitute legal advice.
Detailed Answer
In Missouri, most personal injury claims must be filed within five years of the date the injury occurred. This deadline is known as the statute of limitations. Under Mo. Rev. Stat. § 516.140, you generally have five years from the date of the accident to file a lawsuit seeking compensation for injuries caused by negligence or intentional acts.
If you miss this five-year deadline, the court will likely dismiss your case, and you lose the right to recover damages. Courts strictly enforce these time limits, so it is crucial to act quickly.
Exceptions and special rules may apply:
- Minor Plaintiffs: If the injured person is under 18, the five-year period does not start until their 18th birthday.
- Mental Incapacity: If the injured party is legally incapacitated at the time of the injury, the statute of limitations may be tolled until the incapacity ends.
- Latent Injuries: For injuries that do not manifest immediately (for example, certain chemical exposures), the discovery rule may apply. The five-year period begins when the injury is discovered or reasonably should have been discovered.
- Claims Against Government Entities: If you intend to sue a city, county, or state agency, you must first file a notice of claim within 90 days of the injury under the Missouri Tort Claims Act. After the 90-day notice, you have two years from the date of the incident to file the lawsuit (Mo. Rev. Stat. § 537.100).
Helpful Hints
- Consult an attorney early to preserve evidence—witness memories fade and documents get lost.
- Keep a detailed record of medical treatments, expenses, and correspondence related to the accident.
- Note the exact date of injury and any subsequent discovery of latent harms.
- If you’re unsure whether an exception applies, schedule a consultation promptly—mistakes can cost your right to sue.
- Act well before deadlines to allow time for negotiating with insurers and preparing court filings.