What are the time limits for filing a Missouri personal injury claim?
When you’ve been injured due to someone else’s negligence, you have the right to pursue a personal injury claim in Missouri. But, understanding the time limits for filing a claim is an important part of making sure you can get the compensation you deserve. The specific time limit for filing a personal injury claim in Missouri may vary depending on the circumstances of the case, but there are some general rules that apply.
In Missouri, the statute of limitations allows injured persons two years from the date of their injury to file a personal injury lawsuit. This two-year period begins on the day that you suffer an injury and it applies to both adults and minors. If you don’t file your lawsuit within this time frame, then you may not be able to recover any type of compensation for your losses. Additionally, certain types of cases may have different time limits that must be followed depending on the specifics of your case.
For instance, if your case involves medical malpractice, then you will generally have three years from the date of your injury to file a lawsuit. This is due to Missouri’s “discovery rule” which states that if you didn’t discover or couldn’t have reasonably discovered your injury within two years from the date it occurred, then you may have additional time to file a claim. Additionally, if your case involves a municipality or government entity, then you may only have six months from the date of your injury to file a notice of claim. This is due to special laws that apply when suing these types of organizations and entities.
It is also important to note that if you are filing a wrongful death claim in Missouri, then this type of claim must be filed within two years from the date of death. However, this does not automatically begin on the day that death occurs—it begins on the day that you became aware (or should have reasonably become aware) that someone else’s negligence caused or contributed to your loved one’s death. If it is found that more than two years has passed since this date then it is likely that your case will be dismissed and you may not be able to recover any type of compensation for your losses.
In addition to following these general time limits for filing a personal injury claim in Missouri, it is also important to remember that some types of claims must be reported fairly quickly after an incident has occurred. For instance, if your case involves workers’ compensation benefits then it is important to report your injury as soon as possible since failing to do so may affect whether or not you are eligible for benefits at all. Additionally, if your accident involved a motor vehicle collision then it is important to make sure that you report it within 10 days so that you can preserve any potential insurance claims or other legal remedies available to you under state law.
Overall, understanding the specific time limits for filing a personal injury claim in Missouri is an important part of ensuring that you can receive compensation for any losses caused by another person’s negligence or wrongful conduct. While everyone’s case will be slightly different depending on its specifics, understanding these general rules can help ensure that no matter what type of accident you have experienced—you get all the legal remedy available under state law in order to get justice and move forward with life.