Statute of Limitations in Missouri

The laws of Missouri can be hard to understand. Especially for people who are not legal professionals. If you’ve been injured in an accident, you need a team that can summarize the law and clarify the limits of your case. At Mann Wyatt Tanksley Injury Attorneys, we want to make you aware of the Statute of Limitations. This is the time frame the law sets in motion after an accident.

What is it?

The statute of limitations refers to the time frame during which a lawsuit can be filed against the negligent party. Filing the lawsuit is what preserves the legal claim that the aggrieved parties have. This provides fairness to both the plaintiff and the defendant. Over time, evidence can become unreliable or even lost, which could affect the fairness of a trial.

For the plaintiff, it limits their time frame to file a lawsuit. For the defendant, it protects them from facing legal action after a fair amount of time has passed.

The statute of limitations is viewed as a fair limitation.

There isn’t one statute that fits all, as the time limitations vary between different causes of action and the age/mental condition of the person making the claim.

Don’t let a mere technicality stand in the way of you receiving the compensation you deserve. If you have a valid case, acting now will keep the at-fault party from avoiding their responsibility. Make sure you take action to hire a lawyer who can bring your claim within the specified timeframe.

The Missouri Statute of Limitations’ Timeframe

We encourage you to speak to a lawyer you trust about your potential case. The last thing you need is permanent dismissal because you misunderstood Missouri law.

Personal Injury

An individual has five years from the date of injury to file a lawsuit, depending on the age and mental capacity of the injured person.

Workers’ Compensation

Generally, an individual has two years from the date of the injury to file a lawsuit.

Wrongful Death

Generally, an individual has three years from the date of negligence leading to death to file a lawsuit, but the facts concerning notice and other variables can affect this timeframe.

Missouri SOL Exceptions

Missouri’s statute of limitations does make exceptions in certain cases.

However, the large majority fall within the general Missouri law. To know if your case has an exception, consult for free with a legal team. They can straighten things out and get you on the right track. Below are two case-by-case exceptions to the general statute.

Minors

For clarification, anyone below the age of 18 is a minor. Parents or legal guardians must sue on behalf of their minor. Anyone under 18 can not file a lawsuit. If the parents don’t file before they reach the age of maturity, a minor’s time can be extended to file on their own once they are an adult. However this is limited, and the additional time to file can expire like any other statute of limitations.

Mental Condition/Capacity

People with a qualifying mental condition or lack of capacity cannot file suit without a parent or guardian taking action in their place. In some cases, the disability may go away. If so, they have a certain time from the date of being declared legally competent or, possibly, incapacity to preserve their claim.

Take Action With a Team of Personal Injury Lawyers

Navigating the complexities of the law can be a daunting task. It’s also a load that doesn’t need to be on your shoulders. Consider partnering with Mann Wyatt Tanksley Injury Attorneys. We’ll simplify what you should know and get you the compensation you deserve! Our trial-tested attorneys are faithful advocates who will be in your corner. Submit your free consultation to talk through the details of your case!