How Long Do I Have To File a Personal Injury Claim in Missouri?
You’ve just been in an accident. Depending on the severity of your injuries, your attention is likely being pulled in a million different directions. How will I pay for these medical bills? How can I afford a new vehicle? Am I still able to work? In moments like these, pursuing a personal injury claim is often the furthest thing from your mind—and understandably so. Your focus should be on beginning treatment, receiving proper care, and spending time with your loved ones.
While Wallentine Injury Law fully recognizes that this is the reality for many of our clients, we cannot stress enough the importance of taking timely action after an accident. Reaching out to an experienced team of attorneys early on offers several key benefits—including helping you find answers to the questions above and ensuring your right to file a claim within Missouri’s statute of limitations for personal injury cases is protected.
Before diving into Missouri’s statute of limitations, it’s important to understand the general concept of a statute of limitations. A statute of limitations is the legal time limit within which a lawsuit must be filed. These deadlines vary depending on the type of case, the state, and the applicable jurisdiction. Due to these factors, it can be difficult to determine your exact filing deadline on your own. Consulting with an experienced attorney as soon as possible after an accident can help you fully understand the timeline you’re facing and ensure your claim is properly protected.
Statute of Limitations for Personal Injury in Missouri
Under Missouri law, most personal injury claims must be filed within five years from the date the injury is discovered, as outlined in Missouri Revised Statutes (RSMo) § 516.120.
RSMo § 516.120(4) states:
“An action for taking, detaining, or injuring any goods or chattels, including actions for the recovery of specific personal property, or for any other injury to the person or rights of another, not arising on contract and not herein otherwise enumerated.”
This statutory time limit is designed to preserve the integrity of a case by ensuring that claims are brought while evidence remains fresh and available. As time passes, key evidence may be lost or memories may fade, potentially weakening the strength of a claim.
Notably, Missouri’s five-year statute of limitations is more generous than the general two-year deadline imposed in neighboring Kansas for personal injury claims.
Exceptions and Special Circumstances
As noted, Missouri’s five-year statute of limitations applies to general personal injury claims, including cases such as auto accidents, product liability, dog bites, and more. However, in more complex cases—where early detection and evidence preservation are critical—different, more specific statutes of limitations apply. The following are key exceptions to Missouri’s general five-year limit:
- Medical Malpractice– Under RSMo § 516.105.1, medical malpractice claims must be filed within two years from the date of the incident. This shorter timeframe is intended to encourage prompt action and prevent claims from becoming stale.
- Wrongful Death– According to RSMo § 537.100, family members may file a wrongful death claim up to three years from the date of death. Because these cases involve the loss of life, the law encourages swift action, resulting in a shorter statute of limitations.
- Discovery Rule– Missouri recognizes the discovery rule for personal injury claims. In certain situations, a person may not immediately realize they’ve been injured. Under this rule, the statute of limitations begins at the time the injury is discovered—not when it technically occurred—potentially extending the time to file a claim.
- Other Special Circumstances– If the injured party is under the age of 18 or legally incapacitated at the time of the injury, an extended statute of limitations may apply.
While these exceptions exist, it remains critical to act quickly after an injury. Each exception involves specific legal nuances, and delays can jeopardize your ability to recover compensation. You deserve justice, and our team is here to help—but the first step is reaching out.
Why Does the Statute of Limitations Matter to My Case?
You may be wondering, “Why should I care about Missouri’s statute of limitations?” or thinking, “I have plenty of time to file my claim.” But if you or a loved one has been injured due to someone else’s negligence, Missouri’s statute of limitations plays a critical role in your ability to recover damages. Failing to meet the legal deadline could lead to your case being dismissed entirely.
Taking prompt action after an injury not only protects your claim—it can also support your overall recovery in several important ways:
- Compensation- Missing the filing deadline could mean missing the chance to obtain full and fair compensation for your injuries. Acting within the proper time frame helps preserve your right to financial recovery.
- Medical Care-Timely legal action can also ensure access to compensation for necessary medical treatment. After an injury, you may be unable to afford the care you need. Meeting legal deadlines helps secure the resources to get you back on your feet.
- Preservation of Evidence- The sooner you act, the stronger your evidence may be. Witness statements, police reports, and other key pieces of evidence are more reliable when collected shortly after the incident.
- Peace of Mind- Healing isn’t just physical. Many injury victims suffer emotional trauma such as anxiety, depression, or PTSD. Pursuing a claim quickly can offer a sense of closure and relieve the burden of handling everything alone.
These are just a few of the real benefits our clients experience by taking timely legal action. While early involvement is ideal, our team at Wallentine Injury Law is equipped to move swiftly—even under tight deadlines. We’re here to advocate for your recovery, no matter where you are in the process.
Contact Our Team of Attorneys
As you can see, Missouri’s statute of limitations for personal injury claims is complex and certainly not a one-size-fits-all law. To protect your rights and secure the maximum compensation you deserve, it’s essential to speak with an attorney as soon as possible—even if it feels like you still have time.
During your free consultation with Wallentine Injury Law, we’ll take the time to listen to your story and clearly explain the legal process, including the specific deadline that applies to your case. Call us today at 816-934-6333 or contact us online to begin your journey toward healing.
