What to Know About Missouri’s Personal Injury Statutes of Limitations
Understanding the statutes of limitations is crucial for anyone considering a personal injury claim in Missouri. These laws establish the timeframe within which an injured party must file a lawsuit to seek compensation for their injuries. In Missouri, the statutes of limitations can significantly impact the outcome of a personal injury case.
The general statute of limitations for personal injury cases in Missouri is five years. This means that you have five years from the date of the injury to file a lawsuit. If you fail to do so within this timeframe, you may lose your right to seek compensation for your injuries. This rule applies to various types of personal injury cases, including car accidents, slip and fall incidents, and medical malpractice.
However, it’s important to note that certain circumstances can alter this typical five-year period. For example:
- Discovery Rule: In some cases, the injured party may not immediately realize they have been harmed. Missouri follows a "discovery rule," which allows the statute of limitations to begin from the time the injury was discovered or reasonably should have been discovered. This can be particularly relevant in cases of medical malpractice where the injury may not be apparent right away.
- Minors: If the injured party is a minor (under the age of 18), Missouri law allows the statute of limitations to be tolled until the minor turns 18. This means that a minor has until their 23rd birthday to file a personal injury lawsuit.
- Disability: If the injured party is legally incapacitated or suffers from a disability that affects their ability to file a claim, the statute of limitations may be paused. This provision enables those who are unable to act on their own behalf additional time to pursue legal action.
Another important aspect to consider is the claims against government entities. In Missouri, if you are planning to bring a personal injury claim against a government agency, there are specific rules and much shorter timeframes involved. Typically, you must file a notice of claim within 120 days of the injury, and the overall statute of limitations is reduced to a shorter period, often just a few months.
It is essential to keep thorough documentation of your injuries, medical treatment, and any applicable expenses. Having organized records will not only support your claim but also ensure you are prepared should legal action be necessary. Consulting a personal injury attorney in Missouri can provide invaluable assistance in navigating these statutes and determining your specific timeframe for filing a claim.
In conclusion, understanding Missouri’s personal injury statutes of limitations is vital for effectively pursuing legal action after an injury. Always be mindful of the time limits, and consider seeking legal advice as soon as possible after the incident to protect your rights and ensure that you meet all necessary filing deadlines.