What is the statute of limitations for filing a Missouri personal injury claim?
If you’ve been injured in an accident in Missouri, you may be wondering what the statute of limitations is for filing a personal injury claim. Knowing the statute of limitations can help you determine whether or not you have a valid claim, and it’s important to understand these laws before making any decisions. This article will explain the basics of Missouri’s personal injury statute of limitations and how they might affect your case.
In Missouri, the statute of limitations for filing a personal injury claim is five years from the date of injury. This means that if you’ve been injured, you must file your claim within five years after the incident occurred. If you fail to file within this time frame, your claim may be barred from court, meaning that it won’t be heard and you won’t be able to seek compensation for your losses.
The goal of statutes of limitations is to ensure that claims are brought to court in a timely manner. This allows for evidence to be collected and preserved while memories remain fresh. It also helps defendants avoid long-term legal issues associated with defending a stale claim.
However, there are some exceptions to this rule in Missouri. For example, if a minor is injured in an accident, they have until their 21st birthday to file a lawsuit. Additionally, if the defendant dies before the expiration of the statute of limitations period, then the plaintiff can still file their lawsuit within one year of their death.
In Missouri, there are also some special rules when it comes to medical malpractice claims. For instance, if it can be proven that the doctor or healthcare provider was negligent or failed to provide adequate care leading up to an injury or death, then the plaintiff has two years from the date of the incident to file their suit. In cases where the negligence was not immediately apparent or discoverable by reasonable means, then the plaintiff has two years from when they discovered or should have reasonably discovered that negligence took place to file their suit.
It’s important to note that these statutes of limitations are not absolute; there are some cases when courts may extend them for good cause. For example, if new evidence is discovered after the expiration date that could affect your case, then a court may allow more time for your suit to be filed. However, it’s important to keep in mind that these extensions are rare and should not be relied upon as a guarantee of success with your case.
These are just some basic details about Missouri’s statute of limitations for filing a personal injury claim; there may be other nuances depending on your particular case and circumstances. That’s why it’s always best to discuss any potential claims with an experienced attorney who can help you better understand your rights under state law and advise you on how best to proceed with your case.