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(314) 500-HURTLet’s begin by clarifying what a statute of limitations is. Simply speaking, it’s the legal time limit to file a case. Murder, for example, has no statute of limitations. This means that 50 years after the murder, a suspected killer could be arrested and tried. These limitations exist to ensure the sanctity of the evidence, ensure the expeditious process of justice, and minimize frivolous claims and accusations.
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Gary Burger
There are statutes of limitations for both criminal and civil cases, and a St. Louis personal injury attorney will know the statute that applies to your Missouri accident.
The statute of limitations for a typical personal injury case in Chesterfield is five years. The five-year clock starts ticking when the injury occurs. Sometimes, people are not aware of when an injury occurs (i.e., the doctor left a sponge inside you during surgery—you don’t realize it until a year later). If this is the case, you have five years from the date you learn of the injury.
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If you are in settlement negotiations as the five-year mark nears, it’s important to understand that discussing a settlement or sending a demand letter doesn’t count towards the statute of limitations. The law gives you five years to file a personal injury lawsuit. So, if you have not reached a settlement by that five-year mark, it’s prudent to file a lawsuit just in case. Your lawyer will be keeping an eye on the timing, but it’s an important thing to be aware of.
Wrongful death is a type of personal injury case in which the victim succumbed to his or her injuries. For these cases, the statute of limitations in Missouri is just three years. The reason the state has a different set of rules for wrongful death cases is that it is the victim’s survivors who must file the case since the victim is no longer available.
Not every personal injury case is typical. Here are a few exceptions to the above-listed statute of limitations:
Let our St. Louis personal injury attorneys fight for you and get the best possible settlement. Cases like yours are all we handle. Book your legal consultation now. The talented and dedicated team at Burger Law is eager to help you find justice in your matter.
Founder | Injury AttorneyGary Burger
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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