After an accident, filing a legal claim may not be the first thing on your mind. You may be focused on medical appointments, missed work, property damage, and how your injuries are affecting your daily life.
However, Missouri law places deadlines on personal injury lawsuits. Waiting beyond the applicable deadline could prevent you from recovering compensation, even when another person was clearly responsible for your injuries.
Understanding how long you have to file a personal injury claim in Missouri is an important part of protecting your legal rights.
What Is a Statute of Limitations?
A statute of limitations is the legal deadline for filing a lawsuit.
When the deadline expires, the person or company being sued may ask the court to dismiss the case. In most circumstances, this means the injured person will lose the ability to pursue compensation through the court system.
The applicable deadline may depend on:
- The type of accident
- The nature of the injuries
- The identity of the responsible party
- The age of the injured person
- Whether the case involves a death
- When the claim legally began
Because different claims can have different deadlines, it is important not to assume that the same rule applies to every injury case.
Missouri’s General Personal Injury Deadline
For many Missouri personal injury cases, the general statute of limitations is five years. Missouri law applies this five-year period to certain actions involving injury to another person or that person’s rights when another deadline has not been established.
This deadline may apply to cases involving:
- Car accidents
- Motorcycle accidents
- Pedestrian accidents
- Dangerous property conditions
- Slip-and-fall accidents
- Dog bites
- Defective products
- Other negligence-related injuries
In many cases, the deadline begins on the date the injury occurred. However, calculating the correct deadline can become complicated when there are unusual circumstances or multiple responsible parties.
Some Injury Claims Have Shorter Deadlines
Not every Missouri injury claim has a five-year filing period.
Medical malpractice cases
Most Missouri medical malpractice claims must be filed within two years of the alleged negligent act. Limited exceptions may apply in cases involving foreign objects, failure to communicate certain test results, and injured minors.
Wrongful death cases
When someone dies because of another party’s wrongful act or negligence, a Missouri wrongful death action generally must be filed within three years after the claim accrues.
Other specialized claims may also have different requirements. The safest approach is to have an attorney review the specific facts rather than relying on the general five-year rule.
Is an Insurance Claim the Same as a Lawsuit?
No. Filing an insurance claim is not the same as filing a personal injury lawsuit.
An insurance company may have its own reporting requirements. Waiting too long to report the accident could create problems even when the legal statute of limitations has not expired.
Settlement negotiations also do not necessarily stop the filing deadline. An insurance company may continue discussing the claim while the deadline to file a lawsuit approaches.
For that reason, injured people should keep track of the legal deadline while pursuing an insurance settlement.
Why Should You Begin the Process Early?
Five years may sound like a long time, but delaying a claim can make it harder to prove.
As time passes:
- Witnesses may forget important details.
- Surveillance footage may be deleted.
- Vehicles and damaged property may be repaired.
- Accident scenes may change.
- Documents may become harder to obtain.
- The responsible party may become difficult to locate.
Starting early gives your attorney more time to collect evidence, interview witnesses, obtain records, and evaluate the full impact of your injuries.
It also helps prevent pressure to accept a settlement simply because the filing deadline is approaching.
What Compensation May Be Available?
Compensation depends on the circumstances of the accident and the extent of the injuries. A Missouri personal injury claim may seek recovery for:
- Emergency medical treatment
- Hospital and physician bills
- Rehabilitation and physical therapy
- Future medical care
- Lost wages
- Reduced ability to earn income
- Property damage
- Physical pain and suffering
- Emotional distress
- Permanent disability or disfigurement
An early settlement offer may not include the cost of future treatment or the long-term effects of the injury. Before accepting an offer, it is important to understand the full value of the claim.
Frequently Asked Questions
Do all Missouri personal injury cases have a five-year deadline?
No. Five years is the general deadline for many personal injury claims, but medical malpractice, wrongful death, and other specialized cases may have shorter filing periods.
Should I wait until my medical treatment is complete?
You do not need to finish treatment before speaking with an attorney. Beginning the legal process early can help preserve evidence while your medical condition continues to be evaluated.
What happens if I miss the deadline?
The court may dismiss your lawsuit, which could prevent you from obtaining compensation through the civil court system.
Can I handle the insurance claim myself?
You may communicate directly with the insurance company, but you should be careful about recorded statements, broad medical authorizations, and early settlement offers. What you say or sign can affect the value of your claim.
Speak With Gartner Law Firm About Your Personal Injury Claim
If you were injured because of another person’s negligence, you should not wait until the filing deadline is near.
For over 40 years, Gartner Law Firm has helped Missouri clients face serious legal challenges with clear advice, personal attention, and experienced representation. We can review what happened, explain the deadline that may apply, and help you understand your options.
Book an appointment with Gartner Law Firm or call (636) 397-2111 to discuss your personal injury claim.
