If you’ve been injured due to someone else’s negligence, pursuing a personal injury claim is an important step toward receiving compensation for your medical bills, lost wages, and other damages. However, time is of the essence. Missouri law imposes strict deadlines, known as the statute of limitations, for filing a personal injury lawsuit. Missing these deadlines can result in losing your right to seek compensation altogether.

What Is the Statute of Limitations in Missouri?

In Missouri, the statute of limitations for most personal injury claims is five years from the date of the injury. This timeframe applies to a variety of cases, including car accidents, slip-and-fall incidents, and other injury claims caused by negligence.

Exceptions to the Rule

While the five-year limit applies to most cases, there are exceptions:

1. Wrongful Death Cases: If a loved one dies due to someone else’s negligence, you have three years from the date of death to file a wrongful death claim.
2. Medical Malpractice: Medical malpractice occurs when a healthcare professional fails to provide the standard of care expected, resulting in harm or injury to a patient. With some very narrow exceptions, the statute of limitations for this is two years from the act of medical malpractice. 
3. Claims Against Government Entities: Suing a government agency requires additional steps and much shorter deadlines. For example, you may need to file a notice of claim within 90 days to one year, depending on the agency involved.
4. Discovery Rule: In some cases, the injury or its cause may not be immediately apparent. Missouri law allows for the statute of limitations to begin when the injury is discovered or should have been reasonably discovered.
5. Minors and Mentally Incapacitated Individuals: If the injured party is under 18 or deemed mentally incapacitated at the time of the injury, the statute of limitations may be extended.
6. Other, additional types of Personal Injury: Missouri also has a two year statute for torts like libel, slander, injurious falsehood, assault, battery, false imprisonment, criminal conversation, malicious prosecution. Which only goes to show that time is very often of the essence in a court of law. 

Why Acting Quickly Matters

Even though five years, or even two years, may seem like plenty of time, delays can jeopardize your case. There are a number of reasons to file as quickly as possible. 

• Evidence can deteriorate, witnesses may become harder to locate, and memories fade. Acting promptly ensures the strongest possible case to pursue the compensation you deserve.
• Quick action allows your attorney to begin investigating while details are fresh. This includes gathering critical evidence such as police reports, medical records, surveillance footage, and statements from witnesses. Waiting too long could mean losing access to these key pieces of evidence, as records may be lost, footage overwritten, and witnesses’ memories impaired.
• Acting swiftly can often increase the likelihood of an out-of-court settlement. Insurance companies and opposing parties may view a prompt, well-prepared claim as a sign of strength and credibility, which can lead to quicker resolutions without prolonged litigation.
• Finally, filing early provides peace of mind. Dealing with an injury can be overwhelming, and knowing that your legal claim is in capable hands can alleviate some of the stress. By taking immediate steps, you give yourself the best chance of securing a fair outcome and focusing on your recovery.

Consult a Personal Injury Attorney Today

Navigating the legal system can be overwhelming, especially when dealing with the physical and emotional aftermath of an injury. An experienced personal injury attorney can help you understand how the statute of limitations applies to your case, gather evidence, and build a strong claim.

At Rogers Sevastianos & Bante, we have the expertise to guide you every step of the way. Don’t let time run out on your opportunity to seek justice. Contact us today to schedule a free consultation and discuss your case. Visit our St. Louis Personal Injury Attorneys page to learn more, or contact us to get started.