Missouri’s Statute of Limitations for Personal Injury

After an injury has wreaked havoc on your life, it can be hard to focus on the legal system. Your mind is set on recovery, and all the while, the clock ticks down on your chance to start your case. Most personal injury victims have no idea that their time to start is limited. As a partner in justice for each victim, the attorneys at Zevan Davidson Roman are well-versed in the statute of limitations for personal injury, from the basics to the stipulations.

Statute of Limitations for Personal Injury

Missouri’s standard statute of limitations for personal injury is five years. This time starts on the date of an accident — meaning as soon as you receive an injury, you have five years total to start your case. For example, the statute of limitations for an injury in the workplace would begin on the date of the accident. However, Missouri has different limitations depending on the type of case you bring forward. Product liability cases have a five-year statue, medical negligence cases have a two-year statute and wrongful death cases have a three-year statute.

The average person may have difficulty discerning which category their case falls under — a personal injury attorney will be able to help you identify your case. For those looking to start a personal injury lawsuit, keep in mind that timeframes may differ by state. Those living in states apart from Missouri should check their local regulations to determine the timeframe they have to secure evidence as well as legal counsel. As a general rule, time is of the essence if you plan to take legal action.

Special Exceptions 

There are a few exceptions to the period of statute of limitations for personal injury when medical malpractice is involved. First, there is a time exception for those under 18, the disabled or the mentally ill. For minors, the statute may pause until their 20th birthday — providing them the opportunity to pursue legal action themselves if their parents elect not to originally. In cases where a foreign object, including a surgical tool or sponge was left in a patient, the action may be brought within 2 years of the discovery of the foreign object. In cases where the healthcare provider failed to inform the patient of the results of medical tests, the lawsuit must be filed within 2 years from the date of discovery or when the patient should have discovered the failure to inform. However, according to Missouri’s statute of repose, a patient cannot file a medical malpractice claim if more than 10 years have passed since the medical error.

Under these circumstances, it is important to take action with a personal injury attorney as soon as you suspect you have a case.

Time to Start Your Case

If there is anything we have learned as attorneys, it is that time is an invaluable asset to both court cases and settlements alike. Starting a case when the statute of limitations for personal injury begins provides you with time to gather evidence and give your case the meticulous attention it deserves. Your recovery starts here — contact the attorneys at Zevan Davidson Roman today for a free consultation.