What are the time limits for filing a personal injury claim in Missouri?
When it comes to filing a personal injury claim in Missouri, there are several key time limits that must be followed. These time limits, otherwise known as the statutes of limitations, can vary from state to state and even from one type of claim to another. Understanding these time limits is essential for anyone who wants to ensure that their legal rights are protected and that they receive the full compensation that they deserve for their injuries.
The most common type of personal injury claim in Missouri is a negligence claim. This type of claim requires the plaintiff to prove that the defendant’s actions or failures to act caused them to suffer an injury. In order to file this type of claim in Missouri, the plaintiff must do so within five years of the date of the injury or accident. If the plaintiff fails to do so within this five-year period, they could lose their right to pursue legal action and any associated compensation.
Another type of personal injury claim in Missouri is a product liability claim. This type of case involves a product that was sold with a defect or was otherwise unsafe for use. In these cases, the plaintiff must file a claim within 10 years of either the date on which they purchased or received the product or 10 years from the date when they should have reasonably known about the defect or danger associated with the product. If they fail to do so within this timeframe, they could potentially lose their right to pursue legal action and any associated compensation.
A third type of personal injury claim in Missouri is a medical malpractice claim. These claims involve medical professionals whose negligence resulted in an injury or death. In order to pursue a medical malpractice case in Missouri, the plaintiff must file within two years of when they knew (or should have known) about their injury or death, but no more than five years after the incident causing their harm occurred. In cases involving minors, however, special rules may apply and it is best for those who are considering filing such a claim to obtain legal advice as soon as possible in order to ensure that their rights are protected and that any applicable deadlines are met.
In some cases, plaintiffs may be able to extend certain time limits if there were extenuating circumstances surrounding their case. For example, if a plaintiff did not discover that their injury was related to medical malpractice until after two years had passed from when it occurred, they may be able to obtain an extension if they can demonstrate that it was reasonable for them not to have discovered it until then. However, this requires specific evidence and is often difficult to prove.
It is important for anyone who has suffered an injury due to someone else’s negligence or due to a defective product or medical mistake in Missouri to understand these time limits and take steps as soon as possible in order to protect their legal rights and ensure that they receive all of the compensation that they deserve. It is best for those considering filing a personal injury claim in Missouri to speak with an experienced attorney who can help them understand the process and make sure that all relevant deadlines are met before taking any action on their own behalf.