How Long After an Accident Can You Sue for Personal Injury?

You have a limited time to file a personal injury claim after an accident. More importantly, you should file a personal injury lawsuit before the statute of limitations expires. 

The Missouri Statute of Limitations for personal injury claims is five years. An injured victim must file a lawsuit five years after discovering the injury. Individuals who fail to file a claim within five years are unlikely to obtain compensation or be granted a hearing in court.

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Gary Burger

Litigation attorney

Consulting an attorney as soon as possible allows you to know how long after an accident you can sue for personal injury and ensure you meet relevant legal deadlines. Consider speaking to a trusted St. Louis personal injury attorney on the applicable deadlines and how to navigate an accident claim.

Deadline Extensions and Exceptions to Missouri Statute of Limitations

Deadline Extensions

• Suppose the injured victim remains unaware of the injury for some time. In that case, the statute of limitations begins to apply when the victim becomes aware of or should have known about the injury. 
• If the defendant leaves the state, the statute of limitations doesn’t include the duration the defendant was away from Missouri.

Exceptions

• If the injured person is below the age of 21 years or deemed mentally unfit, they will have five years to file a personal injury lawsuit after turning 21 years or after being declared mentally fit.
• Government agencies and employees: Missouri Statute of Limitations law requires injured victims to file claims against government agencies or employees through the Office of Adminstration’s Risk Management Division within 90 days after discovering the injury.

Additional Considerations When Filing Personal Injury Claims

Although the statute of limitations requires injured victims to file a claim within five years, it doesn’t compel the involved parties to reach a verdict or a settlement during the window. 

Here are different negligence claims and respective deadlines:

• Wrongful Death Claim: The statute of limitations provides the survivors of the deceased a 3-year deadline to file a wrongful death claim. 
• Slip and Fall Claim: You have 5 years from the accident date to file a slip and fall claim. 
• Premises Liability Claim: Premises liability law holds property owners accountable for injuries sustained by invitees, guests, and people legally on their properties. For instance, a dog bite victim has a 5-year window to file a claim.
• Workers’ Compensation Claim: Workers who sustain injuries in the workplace have 2 years to file a personal injury lawsuit. 

Speak to an Experienced Personal Injury Attorney to Protect Your Rights

The statute of limitations is an important deadline for protecting your rights as an accident victim. If you file a lawsuit before the deadline, the liable party and the insurer cannot file a motion to kick your case on grounds of lateness.

Working with an experienced attorney ensures your claim stays within legal timelines with a higher chance of a fair outcome.

Burger Law has won over $200M in settlement amounts, which gives us the confidence to represent you.

Contact us online for a free case evaluation.

Gary Burger

Founder | Injury Attorney
Gary Burger has dedicated his career to standing up against bullies. The founder and principal attorney of Burger Law | St. Louis Personal Injury Lawyer has helped hundreds of Missouri and Illinois individuals and families recover th …
Years of experience: 30 years
Location: St. Louis, MO

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