What are the time limits for filing a personal injury claim in Missouri?
When it comes to filing a personal injury claim in Missouri, the time limits imposed by the state’s laws are essential to understand. Statutes of limitations dictate when a victim has to file suit against the responsible party in order to be eligible for compensation and other remedies. In this article, we will look at the time limits for filing a personal injury claim in Missouri and how they could affect your rights.
The Statute of Limitations in Missouri
Missouri’s statute of limitations is two years from the date of the accident or injury. This means that if you have been injured due to someone else’s negligence, you must file a lawsuit within two years after the incident occurred. If you fail to do so, your claim may be barred and you may no longer be able to seek damages for your injuries.
In some cases, the two-year period can be extended or shortened depending on when a victim becomes aware of their injuries or illness. For example, if you were exposed to hazardous materials at work but did not become aware of any illness or injury until several months or years later, then the statute of limitations will not begin to run until you became aware of your medical condition. In addition, if minor children are involved in an accident, they have two years after turning 18 years old in which to file suit.
Exceptions to the Statute of Limitations
There are some exceptions to Missouri’s statute of limitations for personal injury claims. If you were injured as a result of medical malpractice, for example, then the statute of limitations is one year from the date on which you reasonably should have become aware that you were injured due to medical negligence or malpractice. Additionally, if you were injured because of defective drugs or products, then the statute of limitations is 10 years from the date on which they were sold or distributed.
If a person dies as a result of an injury caused by another party’s negligence, then their surviving family members may still be able to bring forth a wrongful death action against that party within three years from the date of death. However, this can vary depending on certain circumstances such as whether there is an estate plan in place or who holds title over real property owned by the deceased individual.
Filing Your Claim
It is important that victims understand and adhere to these time limits when filing a personal injury claim in Missouri. Once two years have passed since your accident or injury occurred, it is no longer possible for you to seek compensation from those responsible for your harm unless there are any special exceptions that apply in your case. It is also important that victims act quickly when filing their claim since evidence and witnesses may become unavailable over time and this could weaken their case significantly.
It is highly recommended that victims contact an experienced personal injury lawyer as soon as possible after suffering an injury due to someone else’s negligence in order to ensure that their rights are protected and that they receive fair compensation for their losses. An experienced attorney can help victims understand what rights they have under Missouri law and advise them on how best to proceed with their claim so as not to miss any important deadlines that could otherwise bar them from seeking justice and damages for their injuries.