What is the statute of limitations for filing a personal injury claim in Missouri?
When it comes to filing a personal injury claim in Missouri, knowing the statute of limitations can be the difference between success and failure. It’s important to understand the time frames you have to make sure you get the compensation you deserve.
In Missouri, the statute of limitations for filing a personal injury claim is five years. This means that any claim made more than five years after the date of injury will be dismissed by the court. However, there are some exceptions to this rule. If the injured party was a minor at the time of the incident, they have until their 21st birthday to file a claim. The same applies if they were mentally or physically incapacitated at the time of the incident.
The five year period is known as the “discovery rule”. This means that if an injury isn’t discovered until more than five years after it occurred, then you still have five years from the date of discovery to file a claim. For example, if you were exposed to asbestos at work more than five years ago but only recently discovered that it caused an illness, then you would still have five years from the date of discovery to file a claim.
It’s also important to note that there are different statutes of limitation for different types of claims in Missouri. Medical malpractice claims must be filed within two years from when the injury occurred or two years after the patient knew or should have known that they suffered harm because of negligence or malpractice. Claims alleging fraud must be filed within three years from when the fraud occurred while wrongful death claims must be filed within three years from when death occurred due to another person’s negligence or misconduct.
Finally, it’s important to remember that statutes of limitations vary by state. If your case involves crossing state lines, then it’s important to check each applicable state’s statute of limitations before filing a claim. This is especially true if you’re planning on suing a national company since different states may have different statutes of limitation for such cases. Additionally, if you’re unsure about any legal proceedings related to your case, it’s best to contact an experienced personal injury lawyer who can help guide you through every step of your case and advise you on what options are available to you according to Missouri law.
In summary, knowing and understanding Missouri’s statute of limitations for personal injury claims is key in order for you to get the compensation and justice you deserve. The statute of limitations for filing a personal injury claim in Missouri is five years with exceptions for minors or those with mental or physical incapacity at the time of incident as well as various other circumstances depending on type of claim filed. It’s important to seek advice from an experienced lawyer if you’re unsure about any legal proceedings related to your case and don’t forget that state laws may vary if your case involves crossing state lines.