What are the time limits for filing a personal injury claim in Missouri?
If you’ve been injured due to someone else’s negligence, you may be entitled to compensation for your damages. In Missouri, personal injury claims must be filed within a certain amount of time in order for you to receive compensation for your losses. This is known as the statute of limitations, and it limits the amount of time you have to take legal action against the responsible party. In this article, we’ll explore the time limits for filing a personal injury claim in Missouri and what you need to know in order to protect your rights.
The Statute of Limitations in Missouri
Under Missouri law, there is a five-year statute of limitations for filing a personal injury claim. This means that you have five years from the date of your injury to file a lawsuit against the responsible party. After this time has passed, you will no longer be able to pursue legal action against them and will lose any chance of obtaining compensation for your damages.
It’s important to note that this statute of limitations only applies to injuries suffered by adults. If a minor is injured, the parents or guardians can file a claim on their behalf until the minor turns 18 years old. The five-year limitation period begins when the minor turns 18, not when the injury occurred.
Exceptions to the Statute of Limitations
There are some exceptions to the five-year statute of limitations in Missouri. For example, if an injury was caused by a government entity or public official, then you will only have one year from the date of injury to file a claim against them. Additionally, if an injury was caused by medical malpractice, then you will have two years from the date of discovery (or three years from when it happened) in order to file suit against the medical provider. In cases involving wrongful death, family members will have three years from the date of death in which to file their claim.
It’s also important to remember that these deadlines are firm; if you fail to meet them, you could be barred from taking legal action against the responsible party and lose out on any chance of receiving compensation for your damages. Therefore, it’s best to speak with an experienced personal injury attorney as soon as possible after an accident occurs so that they can help you determine which deadlines apply to your situation and ensure that all necessary paperwork is filed on time.
What Happens After Filing a Personal Injury Claim?
Once you have filed a personal injury claim in Missouri, it will typically take several months before anything happens. The court system is often backed up with cases and it can take awhile before yours is heard. During this period of time, your attorney will work with both parties involved in order to come up with an agreement on how much compensation should be awarded for your damages and/or injuries suffered as a result of another person’s negligence. If an agreement cannot be reached through negotiation or mediation, then your case may proceed to trial where a jury or judge will decide how much money should be awarded for your losses.
In conclusion, personal injury claims must be filed within five years from the date of injury in order for victims to receive compensation for their damages in Missouri. There are some exceptions to this rule depending on who is at fault and how severe the injury is; therefore, it’s important for victims to speak with an experienced personal injury attorney right away in order to make sure they understand all applicable deadlines and take action within them.