What Is the Statute of Limitations on Personal Injury Lawsuits in Missouri?

Let’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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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.

Missouri’s Five-Year Rule

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.

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.

Missouri Wrongful Death Cases

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.

Exceptions to Missouri’s Five-Year Rule

Not every personal injury case is typical. Here are a few exceptions to the above-listed statute of limitations:

• If the victim was injured prior to his or her 21st birthday, Missouri law allows that young person until their 26th birthday to file their case. The aforementioned “discovery rule” also applies to minors. The discovery rule says you have five years from the point you become aware of the injury. So, for example, a toddler could be badly beaten by a babysitter, repress the memory, and then overhear relatives talking about it fifty years later and still be well within his or her rights to file suit at that point.
• If the entity that caused your injury is a government agency, you have just three months (90 days, to be exact) to file your claim.
• People who struggle with mental competency issues have five years to file a personal injury claim after becoming competent. For instance, if you were sexually assaulted while in a coma, you’d have five years from the date you came out of the coma to seek justice against the rapist.
• Another exception is if the person who injured you leaves the state. The five-year clock stops ticking while the perpetrator is out of state.

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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.

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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