Missouri’s Statutes of Limitations on Different Case Matters

The statute of limitations is the law that prescribes the amount of time that a plaintiff has to act on a specific matter. Each state has a governing statute of limitations for civil actions like personal injury or negligence claims.

The statute of limitations may vary depending on the nature of the injury and the liable party. If the injured victim fails to file a lawsuit within the prescribed statute of limitations, they may lose the opportunity to obtain compensation.

Consult a trusted personal injury attorney in Missouri if injured in an accident caused by someone else’s negligence.

What Are the Missouri Statutes of Limitations for Specific Case Matters?

Here is a list of timelines applicable to different cases:

• Physical injury to someone— 5 years
• Injury to personal property—5 years
• Fraud—10 years
• Slander or libel—2 years
• Medical malpractice—the statute of limitations is 2 years from discovery with a 10-year maximum allowable window.
• Wrongful death—3 years

Deadline Extensions & Exceptions To The Missouri Statute of Limitations

Depending on the facts and circumstances of your case, some extensions and exceptions may apply to the statute of limitations.

Here are the applicable extensions and exceptions.

Deadline Extensions to the Statute of Limitations

Discovery Rule

The discovery rule states that the statute of limitation for filing a lawsuit does not begin until the claimant discovers an injury—rather than the date the defendant’s wrongful act caused the loss.

In personal injury cases, if the plaintiff is unaware of their injuries, the discovery rule allows the statute of limitations to begin when the victim becomes aware of the injuries or should have known about the physical injury.

The discovery rule can prevent the doctor from escaping liability in a medical malpractice case. If a doctor forgets to remove a ball of cotton wool after surgery, you may experience pain or discomfort after the surgery.

However, you may endure pain due to an inflammation or infection weeks or months after the surgery. Similarly, if a doctor doesn’t diagnose you properly for cancer, you may not realize the illness until it’s too late.

If a patient is dealing with significant pain or an apparent health condition, they may be expected to seek medical treatment or investigate the cause of their suffering. Patients who do not address the cause promptly do not enjoy the protection of the discovery rule.

The discovery rule doesn’t override the statute of repose. If sufficient time passes, the statute of repose may bar an injured victim from bringing a claim even if you could have reasonably discovered the injury.

Defendant Leaves the State

When the defendant leaves the state, a legal principle called tolling applies.

Tolling refers to delaying or pausing the statute of limitations in specific personal injury cases. If the defendant leaves the state after an accident and before filing a lawsuit, the statute of limitations can be tolled for the duration of the defendant’s absence.

Tolling may also occur if the defendant continues living in the state under a false name.

Exceptions

Minors and Mentally Incapacitated

In Missouri, a minor is anyone who has not attained 18 years old or is under the custody of the Children’s Division and has not attained twenty-one (21). If an injured person is a minor or determined to be mentally incapacitated, they will have 5 years to file a personal injury lawsuit after turning 21 or being declared mentally fit.

Different rules apply to medical malpractice claims. The statute of limitations for medical malpractice claims is 2 years, so a patient has 2 years to file a complaint in court. If the patient is under 18, the two-year statute of limitation is tolled until the patient’s 18th birthday.

As such, a minor patient has until their 20th birthday to file a medical malpractice lawsuit.

Government Agencies and Employees

The state of Missouri, including its agencies and employees, enjoys immunity from lawsuits. However, the state and other government entities recognize the unfairness of this immunity from various civil claims, including personal injury.

The Missouri legislature enacted the Missouri Claim Tort Act(MTCA), offering a limited waiver to the state’s sovereign immunity. Under the MTCA act, the state accepts liability for a public employee who, while acting in the course of their employment, negligently injured someone in a motor vehicle accident,

Further, the injured person must notify the appropriate government agency or employee of their claim within 90 days of their injury. After receiving the notice of claim, the relevant agency will investigate and may offer compensation for your losses.

Additional Considerations For Missouri Statute of Limitations

Wrongful Death Claims

The statute of limitations in Missouri for wrongful death claims is three years. The family of the deceased has a right to a wrongful death claim against the defendant.

Suppose someone sustains an injury because of another person’s negligence and subsequently dies from unrelated causes. In that case, their statute of limitations remains five years. However, an estate must file a claim within one year of death to pursue a negligence claim.

Product Liability Claim

The statute of limitations on product liability claims is five years. These claims are related to injuries that arise from hidden defects, defective design, malfunction, or defective processes.

Premises Liability Claims

Missouri applies a 5-year window for premises liability claims. Premises liability claims hold to account property owners for injuries sustained by guests and invitees.

Workers’ Compensation

The statute of limitations for workers’ compensation claims in Missouri is 2 years. Workers’ compensation lawsuits protect workers who become ill or sustain injuries while on the job.

Missouri’s Statutes of Limitations Concerning Personal Injury Cases

When you have a potential personal injury case in Missouri, you must understand the statute of limitations. As mentioned, this statute determines the deadline for filing a lawsuit after an accident or injury has occurred. Failing to file within the given timeframe can result in the loss of your right to seek compensation for your injuries.

In Missouri, the statute of limitations for most personal injury cases is five years from the date of the injury. This means that you have five years from the date of the accident or injury to file a lawsuit seeking compensation.

This is one of the longest statutes of limitations in the United States. Two states, Maine and North Dakota, allow six years to file an injury lawsuit, but all other states only allow four years or fewer. Most are in the two to three-year range. While there have been legislative proposals to shorten the length of time for filing injury lawsuits in MO, the state legislature has not passed any yet.

Therefore, you have five years from the date of your injury to file a lawsuit in civil court. However, there are exceptions to this general rule.

For instance, if the personal injury case involves medical malpractice, the statute of limitations is two years from the date of the injury or two years from when the injury was discovered, whichever occurs later. Additionally, there is an overall cap of ten years from the date of the act giving rise to the medical malpractice claim, regardless of whether the injury was discovered during that time period.

Another exception applies to cases involving wrongful death. In Missouri, the statute of limitations for wrongful death cases is three years from the date of death. It is necessary to be aware of these specific timelines and consult a Missouri personal injury attorney to ensure you meet the deadlines for filing your claim.

Knowing when you must take legal action can be confusing, particularly if you are dealing with the physical and emotional aftermath of an unexpected injury. This is where having an experienced personal injury attorney is invaluable. An attorney can guide you through the legal process, ensuring that you meet all necessary deadlines and take the appropriate steps to build a strong case.

By retaining an attorney early on in your personal injury case, you can focus on your recovery while your attorney handles the legal process. They will investigate the accident, gather evidence, interview witnesses, and negotiate with insurance companies on your behalf. Additionally, they will be prepared to file a lawsuit if a fair settlement cannot be reached.

Understanding the statutes of limitations for personal injury cases in Missouri is always important. Never wait to consult with a personal injury attorney as soon as possible after an accident or injury to ensure you meet all necessary deadlines for filing a lawsuit. Hiring an attorney will not only ease the burden of the legal process but also maximize your chances of receiving the compensation you deserve.

The Discovery Rule and Missouri Personal Injury Claims

For most people, the statute of limitations for personal injury claims is generally five years in MO courts. However, there is an important exception known as the discovery rule.

The discovery rule provides an extension to the statute of limitations in cases where the injury may not be immediately apparent or where the full extent of the injury is not known until later. This rule recognizes that some injuries, such as those caused by exposure to toxic substances or medical malpractice, may not manifest symptoms or be discovered until years after the initial incident.

Under the discovery rule, the statute of limitations begins to run from the date that the injury is discovered or should have been discovered through reasonable diligence. This means that even if the injury occurred more than five years ago, you may still have a valid personal injury claim if you only recently discovered or should have reasonably discovered the injury.

It is important to note that the application of the discovery rule can be complicated and may vary depending on the specific circumstances of your case. To ensure that you protect your right to file a claim, and that you have the best chance of recovering compensation for your injuries, it is advisable to consult with an experienced personal injury attorney as soon as you know you have injuries.

An attorney will understand the discovery rule and determine whether it applies to your case. They can also ensure that your claim is filed within the appropriate time frame and handle every step of the process on your behalf.

In short, while the statute of limitations for personal injury claims in Missouri is generally five years, the discovery rule provides an exception for cases where the injury may not become apparent until later. If you have recently discovered an injury that you believe was caused by the negligence of another party, it is important to consult with an attorney as soon as possible to assess your legal options and protect your rights.

Why Do Missouri Courts Limit the Time to File a Lawsuit?

Time is always of the essence when pursuing a legal claim, in part due to the statute of limitations. But have you ever wondered why there is a statute of limitations?

The primary purpose of the statute of limitations is to ensure fairness and prevent stale claims from clogging up the court system. By imposing a time limit, the law encourages individuals to promptly bring their cases forward while the evidence and memories are still fresh. This not only protects the integrity of the legal process but also allows for a more efficient resolution of disputes.

One reason behind the statute of limitations is to protect defendants from being subjected to claims that are unfairly delayed. Over time, it becomes increasingly difficult for defendants to gather evidence or locate witnesses to support their defense. By setting a time limit, the law seeks to strike a balance between the rights of the plaintiff and the rights of the defendant, ensuring that both parties have a fair opportunity to present their case.

Moreover, the statute of limitations also serves as a practical limitation on the length of time a legal claim can linger. Cases that drag on indefinitely can cause unnecessary financial and emotional burden for both parties involved. By imposing a time limit, the court system can promote a sense of finality and closure, allowing individuals to move on with their lives and businesses to operate without the constant threat of pending legal actions.

The statute of limitations in Missouri exists to ensure fairness, promote efficiency, and protect defendants from stale claims. You must know the time limits imposed by the law and act promptly if you believe you have a valid claim.

Never Wait to Hire a Missouri Personal Injury Attorney

Five years might seem like a lot of time. You might have serious injuries and be overwhelmed with your physical condition and medical treatment. However, you must never delay consulting a personal injury lawyer for several critical reasons.

First, you might be mistaken about the statute of limitations. Many individuals assume they have ample time to decide whether or not to pursue legal action. However, in Missouri, the statute of limitations for personal injury cases is generally five years. This means that you have just five years from the date of the accident or injury to file a lawsuit. Waiting too long can result in the loss of your right to seek compensation for your injuries.

As we discussed briefly above, special rules might apply in certain circumstances. While the general statute of limitations for personal injury cases in Missouri is five years, there are exceptions for specific types of cases. For example, if your claim involves medical malpractice, the deadline for filing a lawsuit is just two years. Many people might not realize this until they have a lawyer evaluate their case. Always consult with an experienced personal injury attorney immediately so you know the specific time limits that apply to your case.

Aside from legal deadlines, evidence can also get lost or become difficult to obtain. The longer you wait to take legal action, the greater the risk of losing critical evidence. Witness recollections can fade, surveillance footage can be erased, and important documents can go missing. By hiring a Missouri personal injury attorney as soon as possible, you can ensure that key evidence is preserved, witnesses are interviewed promptly, and a strong case is built on your behalf.

Don’t let the statute of limitations jeopardize your ability to seek the compensation you deserve. Contact a Missouri personal injury attorney today. The legal team at Devkota Law Firm is ready to provide you with the guidance and representation you need to fight for your rights. We will not allow deadlines to stand in the way of the compensation you deserve, as we get to work promptly for every client’s interests.

Don’t Hesitate To Contact a Missouri Personal Injury Lawyer from Devkota Law Firm Today

Your quality of life is likely to worsen after sustaining an injury in an accident caused by someone else’s fault. You, therefore, deserve compensation for injury-related losses like medical expenses or lost income.

Devkota Law Firm is a highly skilled personal injury attorney with decades of experience representing injured victims.

Contact us online or at (816) 207-4255 for a free consultation.