If you’ve been injured because of someone else’s negligence, you may be dealing with medical bills, missed work, and uncertainty about what comes next. One of the most important — and commonly misunderstood — issues in Missouri personal injury cases is how long you have to file a personal injury lawsuit.
Missing a filing deadline can permanently bar you from recovering compensation, no matter how strong your case may be. Understanding Missouri’s statute of limitations is critical to protecting your rights.
What Is a Statute of Limitations?
A statute of limitations is a legal deadline that limits how long an injured person has to file a lawsuit. In Missouri, these deadlines vary depending on the type of personal injury claim involved.
Understanding how to properly file a personal injury lawsuit is essential for your case.
Once the statute of limitations expires, courts will typically dismiss the case — even if liability is clear and injuries are severe. This is why it’s important to act sooner rather than later.
Missouri’s General Statute of Limitations for Personal Injury
In most personal injury cases, Missouri law allows five years from the date of the injury to file a lawsuit. This includes many common claims such as:
- Car accidents
- Truck accidents
- Slip and fall injuries
- Premises liability claims
- Dog bites
- General negligence claims
This five-year rule is broader than in many other states, but it should not be mistaken as a reason to wait. Evidence can disappear, witnesses’ memories fade, and insurance companies may become more difficult to deal with over time.
Shorter Deadlines for Certain Missouri Injury Claims
Not all cases follow the five-year rule. Some claims have shorter deadlines, including:
Wrongful Death Claims
Missouri wrongful death lawsuits must generally be filed within three years of the date of death.
Claims Against Government Entities
If your injury involves a city, county, or state agency — such as a dangerous road condition or a government vehicle — additional notice requirements may apply, and deadlines can be much shorter. These cases are especially time-sensitive.
Medical Negligence
Certain medical negligence claims may involve different timing rules, including when the injury was discovered rather than when it occurred.
Because exceptions and special rules apply, speaking with an attorney early is critical.
When Does the Clock Start Running?
In most cases, the statute of limitations begins on the date the injury occurred. However, Missouri law recognizes exceptions in certain situations, such as:
- Injuries that were not immediately discoverable
- Cases involving minors
- Situations where the injured person was legally incapacitated
These exceptions can be complex and are often challenged by insurance companies, making legal guidance especially important.
Why Waiting Can Hurt Even a Valid Claim
Even when you technically have years to file, waiting can weaken your case. Delays may result in:
- Lost or destroyed evidence
- Difficulty locating witnesses
- Gaps in medical documentation
- Insurance companies questioning the seriousness of your injuries
Early legal involvement allows your attorney to preserve evidence, manage communications with insurers, and build a strong claim from the outset.
What If You’re Unsure Whether You Still Have Time?
Many people assume they’ve missed their chance — and never speak to a lawyer — when they may still have valid legal options. Others wait too long because they believe insurance negotiations are “still ongoing.”
Insurance companies are not required to protect your deadline. Only filing a lawsuit stops the statute of limitations clock.
The Bottom Line
Missouri’s statute of limitations can be unforgiving. While many personal injury claims allow up to five years to file, others have shorter deadlines and special requirements that can easily be missed.
If you’ve been injured, the safest approach is to speak with an experienced personal injury attorney as soon as possible to understand how much time you have and what steps to take next.
Contact Rogers Sevastianos & Bante
If you were injured in Missouri and are unsure how long you have to file a claim, the attorneys at Rogers Sevastianos & Bante, LLP can review your situation, explain your legal options, and help you take action before important deadlines expire.
Learn more about our personal injury representation or contact us today to schedule a consultation and discuss your case.
Disclaimer: The information in this blog is for general informational purposes only and does not constitute legal advice. Every legal situation is unique, and you should consult an attorney for personalized guidance on your specific circumstances.