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Personal injury cases can be a slippery slope, especially without the expert guidance of an attorney. There are many moving parts to bear in mind, which will come together to decide the potential for success of a lawsuit.
One of the key elements that should never be overlooked is the Missouri statute of limitations. Injured parties do not have forever to get the personal injury claim going. After a certain point, the case can be easily thrown out, which means that a victim of someone's negligence could lose the ability to be compensated for the suffering that has been endured.
The idea of the information below is to provide a wealth of knowledge about how this principle affects each personal injury lawsuit. Bear in mind that unless there are extenuating circumstances, which will be covered, it is always recommended that an injured person file a claim as quickly as possible after an incident has occurred.
A Deeper Look at the Missouri Personal Injury Statute
Note that the statute of limitations is not only applicable to matters that fall under Missouri's civil court system. It will also be used where there are criminal causes of actions. Be that as it may, the focus here is on the civil side of things.
In these matters, the defined period will begin from the date of the injury. However, there are some cases where the said injury may not be reasonably discovered until some time after it has occurred. Medical malpractice cases are good examples. The damage will be caused at one point, but will likely be discovered at another. Therefore, the clock will start running from the discovery time.
Statutes of limitations do not only exist in Missouri. Each state has defined timelines that apply to different kinds of incidents. Personal injury matters in Missouri have a five-year allowance for filing under average circumstances. Deviations and their reasons will be covered below. Powell Law Firm also has information on the slip and fall statute of limitations in Missouri.
Can Missouri's Personal Injury Statute Be Extended?
Extensions
There are two elements to keep in mind here. The first of these is the discovery rule, which was briefly alluded to above. Put simply, the injured party is not aware of the damage that has been caused. With the discovery rule, the beginning of the "counting" period is when there is injury awareness and not when the initial incident occurred.
Next, there are situations where the defendant may leave the state. Whatever time these persons spend away is not counted towards the statute of limitations.
Exceptions to the Rule
Apart from extensions, two exceptions are also important to remember. First, anyone who is a minor (i.e., under the age of 21 years old) is not allowed to file a claim. The same applies to those who are mentally incapacitated. Therefore, the five-year countdown will begin at the age of 21 years for the former, and when mental competence is declared for the latter.
Second, claims that are filed against government employees or agencies have a 90-day limit. The reporting requirements are also different here as filing is to be done with the Office of Administration's Risk Management Division.
Other Statute Considerations for Missouri Personal Injury Lawsuits
This section will go into some of the more minute details to remember as the five-year norm does not apply across the board.
Limitation Does Not Imply Completion
The idea of the statute of limitations speaks exclusively to the initiation of the claims process. Some people may be under the impression that it sets out the time that a victim has to file and get to the settlement/award phase. Remember that there is no exercising control over how long the entire process takes. Once the filing process happens before the cut-off point, it is acceptable.
Accident Claims
Car and truck accident matters will usually follow the established personal injury statute, which means that there is a five-year allowance for the proceedings to begin.
Matters of Wrongful Death
In Missouri, a wrongful death claim only has a statute of limitations of three years. Technically speaking, this is a different matter from a standard negligence claim that would be filed by an injured party. Matters of wrongful death require that the surviving loved ones of the deceased person step in to get the filing done.
Note that in cases where someone is injured in an accident and later dies from unrelated causes, the filing period remains five years. However, an estate must be filed within a year of the date of death for a negligence claim to be pursued. If successful, the settlement from the matter falls under the decedent's estate.
Minors
As indicated before, those under the age of 21 years are not allowed to file, which means that the time allowance becomes five years after the plaintiff is of age. Cases can be resolved before this time though, but they require that court approval be granted for the resolution amount in the form of a minor settlement hearing, which is a friendly suit.
Since 2021, Missouri law states that such settlements under $35,000 are allowed to bypass the hearing entirely. However, any proceeds from the matter must be placed into a restricted account that the minor will be able to access when they become 18 years old.
This process requires that the responsible parent or guardian fills out an affidavit that verifies the money is being put into the account and that the full compensation will be directed as intended.
Dram Shop
In Missouri, a dram shop claim will have either a three-year or five-year limit for negligence or wrongful death, respectively. The state law indicates that any business establishment selling liquor on its premises may be liable where there are injuries sustained by over-served individuals. Thus, the marker here is that these persons would've been visibly intoxicated while they were being served.
Premises Liability
Premises liability claims adhere to the default five-year statute of limitations. These cases seek to ensure that property owners are held accountable in cases where there are injuries suffered by individuals while they are on the property. Generally, the matters will typically fall under one of two umbrellas:
Dog bites and other animal attacks
Slip and fall accidents
Product Liability
Yet again, the limitation here is five years. These matters speak to manufacturers and traders who are legally liable when they either produce or sell a faulty product. Many different occurrences can lead to this kind of issue coming forward. For example, there may be hidden defects, malfunctions, processes that are problematic, or even design flaws.
One shining example of this is the 1999 General Motors case, where a 1979 Chevrolet Malibu's gas tank burst into flames and injured six people. Available information revealed that the company could've opted for a safer design for less than $9, but decided that it would likely be cheaper to settle any arising lawsuits than doing so. A $4.9 billion settlement was awarded to the victims.
Workers' Compensation
At just two years, workers' compensation cases have joined the shortest statute of limitations on this list. These matters deal with those who may have suffered injuries while they were on the job. Note that while there is a pretty tight cut-off point here, there are many reasons that the deadline may be extended, many of which boil down to the circumstances of the report made or lack thereof.
Medical Malpractice
Alongside workers' compensation claims, medical malpractice cases also tie for the shortest allowable period, standing at two years. These proceedings fall under tort law and speak to cases of professional negligence.
Effectively, this is whenever there are incidents in which physicians act or make omissions that show a deviation from the accepted norms of medical practice and cause injuries to clients.
Is Retaining the Services of a Personal Injury Lawyer a Legal Requirement?
Legally, no one is forced to retain the services of an attorney for personal injury matters. However, what victims will find is that doing so drastically improves their chances of being compensated fairly, thanks to the sheer wealth of knowledge and experience that legal professionals can bring to the table. It may be beneficial to reach out to personal injury lawyers in St Louis for more information.
What Happens When Missouri's Personal Injury Statutes Are Missed?
When the statute of limitations is missed, the defendant will usually just try to have the case dismissed. This can be followed by the court forever time barring the plaintiff from any attempts to receive compensation.
Why Is This Limit Imposed on Personal Injury Claims?
Many benefits come from going this route, the biggest of which is the preservation of evidence. This makes true justice more likely to be achieved. Witness memories can become eroded with time, physical proof of occurrences can be tainted, etc. Overall, it's progressively less likely that a solid case can be established as time passes.
Schedule a Free Consultation with a Trusted Missouri Personal Injury Attorney Today!
If you've been seriously injured in Missouri, you need a serious lawyer to fight for the compensation that you deserve. Don't let the statute of limitations pass and cause you to be shortchanged because of someone else's negligence.
Schedule a free consultation today with one of the elite lawyers at Powell Law Firm!
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