Missouri Personal Injury Claims: Statute of Limitations
When it comes to personal injury claims in Missouri, understanding the statute of limitations is essential to ensuring that your claim is valid and will be heard by the court. Knowing the statute of limitations can help you understand how long you have to file a claim before it is too late, as well as what type of damages you can pursue and when.
In Missouri, the statute of limitations for filing a personal injury claim is five years from the date of the injury. This means that if an individual has suffered an injury due to negligence or a wrongful act by another person or entity, they have five years from the date of the incident to file a claim in civil court.
However, there are certain exceptions to this rule that must be taken into account. For instance, if the injured party is a minor at the time of their injury, then they have until their 21st birthday to file a claim. In addition, if the injury was caused by a government agency or employee (such as a police officer), then there is only 180 days from the date of the incident to file a claim.
In some cases, the statute of limitations may be extended beyond five years due to an event called “tolling.” This refers to circumstances where an individual did not realize they were injured until after five years had passed since the incident occurred. In such cases, tolls can be applied so that they have more time to file their claim. Additionally, in cases where an individual was disabled due to their injuries, they may receive an extension on the statute of limitations until such time as they are no longer disabled and able to pursue legal action.
It’s important to note that even if you have missed the statute of limitation for filing your personal injury claim in Missouri, it does not necessarily mean that your case will be dismissed out of hand. Depending on your circumstances, there may be other legal options available for you to pursue. For example, if you have evidence that proves your case should still be heard despite having missed the deadline, then you may still be able to present it in court and argue for an extension on the statute of limitation for your claim.
In any case, it’s best practice to speak with an experienced attorney as soon as possible after being injured in order to determine what your rights and options are according to Missouri law. They’ll be able to provide guidance on how best to proceed with filing your claim and navigating any potential legal issues that may arise throughout the process. With their help, you can ensure that you get the justice and compensation you deserve for your injury.