What is the statute of limitations for filing a Missouri personal injury claim?
When it comes to filing a Missouri personal injury claim, there are several important things to consider. One of the most important considerations is understanding the statute of limitations for filing a claim in the state of Missouri. The statute of limitations for filing a Missouri personal injury claim is five years from the date of the accident or injury.
The five-year statute of limitations for filing a personal injury claim in Missouri applies to any type of case that involves negligence, recklessness, or intentional harm. This includes cases involving motor vehicle accidents, medical malpractice, slip and falls, and product liability claims. In order to have a valid claim, the injured person must be able to prove that another party caused their injuries due to their own negligence or reckless behavior.
However, there are certain exceptions to the five-year statute of limitations for filing a Missouri personal injury claim. The most common exception is known as the “discovery rule” which states that if an injured person was unaware of their injuries until after the five-year statute of limitations has expired, they may still be able to file a personal injury claim. For example, if an individual suffered a concussion in an accident but did not realize they had sustained such an injury until after the five-year statute had expired, they may still be able to file a claim for damages.
In addition to the discovery rule, there are two other exceptions that may apply in certain circumstances: The “minor child” exception and the “legal disability” exception. Under the minor child exception, if an injured person was under 18 years old at the time of their accident or injury occurred, they may have up to three years from their 18th birthday in which to file a personal injury claim. Under the legal disability exception, if an injured person was legally disabled at the time of their accident or injury occurred (i.e., mentally incapacitated or incapable of making rational decisions), they may have up to three years from when their disability ended in which to file a personal injury claim.
It is important to keep in mind that these exceptions do not extend the five-year statute of limitations for filing a Missouri personal injury claim; they simply provide additional time for those individuals who qualify under either exception. Furthermore, even if you qualify under one of these exceptions, it still may be in your best interest to file your personal injury claim as soon as possible so you can receive compensation for your injuries and damages sooner rather than later.
In order to ensure you are filing your Missouri personal injury claim within the allotted time frame and taking advantage of any applicable exceptions or statutes, it is highly recommended that you contact a qualified attorney who has experience with these types of cases as soon as possible following your accident or injury. A knowledgeable attorney will be able to provide guidance on how best to proceed with your case and advise you on all applicable statutes and exceptions that could affect your ability to receive compensation for your injuries and damages.