What is the statute of limitations for Missouri personal injury claims?
What is the Statute of Limitations for Missouri Personal Injury Claims?
When an individual has been injured due to another’s negligence or intentional act, they may be able to seek legal recourse. However, in order to do so, they must follow the legal requirements set out by the state of Missouri. One of these requirements is understanding the statute of limitations for personal injury claims in Missouri.
The statute of limitations is a law that sets a specific amount of time within which an individual must file a lawsuit in order to have their day in court. In other words, it is a time limit for when an individual can take legal action against another party for causing them harm or injury. In Missouri, the statute of limitations for filing a personal injury claim is five years from the date of injury. This means that individuals have five years from the date of their injury to file a lawsuit against the responsible party. If they wait longer than that, then they may not be able to pursue damages in court.
It should be noted that there are some exceptions to this rule. For example, if an individual was under the age of 18 at the time of their injury, then they have until their 20th birthday to file a lawsuit. Additionally, if the injured party was physically or mentally incapacitated at the time of their injury, then they may be granted additional time to file a lawsuit (though this will depend on the circumstances).
In addition to these exceptions, there are also certain situations where the statute of limitations may be “tolled” or suspended. This generally occurs when an individual is attempting to negotiate a settlement with the other party but is unable to reach an agreement within five years. In such cases, the statute of limitations will not begin counting down until negotiations have concluded and/or one party has filed a lawsuit against the other.
If an individual does decide to pursue a personal injury claim in Missouri, it is important that they understand and adhere to all applicable laws and regulations. Failing to do so could result in them losing their right to seek damages as allowed by law. Therefore, it’s important that individuals consult with an experienced attorney who can help them understand their rights and ensure that all legal requirements are being met throughout the process.