What is the statute of limitations for filing a personal injury claim in Missouri?
When it comes to personal injury claims, Missouri has specific statutes of limitation in place. Knowing the statute of limitations for filing a personal injury claim in Missouri is essential for anyone wishing to pursue such a claim. In this article, we’ll explain what the statute of limitations is, and how it applies to the state of Missouri.
What Is The Statute Of Limitations?
The statute of limitations is a legal term that refers to the amount of time you have to file a civil lawsuit after you have suffered an injury. It is an important concept because if you don’t file your claim within the allotted time frame, you may be unable to receive compensation for your injuries. Each state has its own statute of limitation laws and understanding them is key to successfully pursuing a personal injury claim.
In Missouri, there are two different statutes of limitation that apply to personal injury claims. The first is known as a “no-fault” rule, which states that any person injured by another person or entity must file their personal injury claim within five years of the date on which the injury occurred. This five-year deadline applies regardless of whether or not the injury was caused by negligence.
For example, if you were injured in a car accident due to someone else’s negligence, you would still need to file your personal injury claim within five years of the date of the accident. If you failed to do so, then you would be barred from seeking compensation for your injuries.
The other type of statute of limitation that applies in Missouri is known as a “strict liability” rule. This rule states that if an individual or entity is found liable for causing an injury due to negligence or recklessness, they must be sued within two years from the date on which the injury occurred.
For example, if someone was injured due to a defective product, they would need to file their personal injury claim within two years from the date on which they were injured in order to receive compensation for their injuries. If they failed to do so, then they would be barred from seeking any sort of damages from the party responsible for their injuries.
It’s important to note that these statutes of limitation do not apply in cases where intentional harm was done or where there are special circumstances involved (such as minors or incapacitated individuals). In these cases, longer periods of time may be allowed in order for individuals or entities who have been wrongfully injured or harmed to seek justice and compensation for their injuries and losses.
Finally, it should also be noted that these statutes of limitation can vary depending on the specific facts and circumstances surrounding your case. Therefore, it’s important to speak with an experienced personal injury attorney who can help you understand which statute applies in your particular situation and what steps need to be taken in order to ensure that your rights are protected throughout the process.
Understanding what the statute of limitations is and how it applies in Missouri is essential for anyone contemplating filing a personal injury claim in order to receive compensation for their injuries and losses. By having this knowledge upfront, victims can ensure that they take all necessary steps towards filing their claim within the appropriate time frame and protecting their rights throughout this process as well as any potential negotiations with insurance companies or other parties involved in the case.