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, there are specific time limits that must be followed in order for the case to be heard in court. The statute of limitations on personal injury claims in Missouri is either two or five years, depending on the circumstances. Understanding the nuances of this law can help ensure that victims of accidents or negligence are able to receive the compensation they are due.
In Missouri, the statute of limitations for filing a personal injury claim is two years from the date of the injury or accident. This means that if an individual has been injured due to someone else’s negligence or recklessness, they have two years from the date of the incident to file a lawsuit. This includes injuries resulting from car accidents, medical malpractice, slip and fall accidents, and other types of incidents caused by another person’s negligence.
The state also has a longer statute of limitations for certain types of personal injury cases. These include wrongful death lawsuits and cases involving minors who were injured due to someone else’s negligence. In these cases, victims have five years from the date of the injury or accident to file a claim. The extended time limit applies only if the victim was either under 18 years old at the time of the incident or if their relative died as a result of an injury or accident caused by someone else’s negligence.
It is important to note that once the two-year or five-year period has passed, any potential claims will likely be barred from court and cannot be pursued further. This is known as “statute of limitations” and is designed to prevent people from filing late claims which could be difficult to prove due to lack of evidence or witnesses. Further, some states have additional statutes which may apply in certain circumstances such as when a foreign object is left in a patient during surgery or when there is a product defect which causes an injury.
It is also important to understand that even though Missouri has statutes regarding personal injury claims, each case will still need to meet all other legal requirements before it can proceed forward with litigation. For instance, cases must still show evidence of negligence and causation in order for victims to receive compensation for their injuries. Additionally, any insurance companies involved may also impose their own deadlines by which claims must be filed in order for benefits to be paid out.
For those considering filing a personal injury claim in Missouri, it is important to understand both the state and local laws regarding statutes of limitation so that you may bring your case forward within the allotted time frame and seek justice for your injuries. Doing so will ensure that you are able to receive appropriate compensation for your suffering and losses so that you may move on with your life as quickly as possible following an accident or incident involving another party’s negligence.