If you were in a car accident in Missouri, you have five years to file a personal injury lawsuit or three years to file a wrongful death lawsuit. A car accident can leave you with broken bones, huge hospital bills, and a car that is completely wrecked.
You have rights. The law gives you a chance to seek money for your pain and losses. However, the legal clock starts ticking the day of your crash. You need to know the Missouri car accident statute of limitations laws, including the legal time limit to take action.
Key Takeaways of the Missouri Car Accident Statute of Limitations
- Missouri generally gives injured drivers five years to file a personal injury lawsuit and three years to file a wrongful death claim, and missing the deadline usually means losing the right to recover compensation.
- The statute of limitations can be paused in limited situations, such as when the victim is a minor, mentally incapacitated, or when the at-fault driver leaves the state.
- Missouri is an at-fault state, meaning the driver who caused the crash is responsible for paying damages through insurance or a lawsuit.
- Under pure comparative fault, you can still recover compensation even if you were partly at fault, but your recovery is reduced by your percentage of responsibility.
- Compensation may include medical bills, lost wages, property damage, and pain and suffering, and while most cases have no damages cap, claims against government vehicles are generally limited.
What is a Statute of Limitations?
A “statute of limitations” is a strict legal deadline set by the state. It is the amount of time you have to file a lawsuit in court. If you do not file your lawsuit before this time runs out, the judge will throw your case away. This means you will permanently lose your right to get any money from the driver who hit you.
The 5-Year Rule for Missouri Car Accidents
If you are driving in Kansas City, St. Louis, or anywhere else in Missouri, the law gives you five years from the date of the crash to file a personal injury or property damage lawsuit. This rule is found in Missouri Revised Statute Section 516.120.
While five years might sound like a long time, it passes very quickly. Over the years, important evidence goes missing, video footage is deleted, and witnesses forget what they saw.
While five years seems like a long time, if you don’t file before the deadline, you will lose your right to seek compensation. This is the main instance of when it may be too late to hire a car accident attorney. It is always best to figure out what to do after a car accident right away, such as going to the hospital and filing a police report.
The 3-Year Rule for Wrongful Death
Sadly, some car wrecks lead to the wrongful death of loved ones. If a family member died in a fatal car crash, you can file a wrongful death claim to seek justice for their loss.
Under Missouri Revised Statute Section 537.100, families only have three years from the date of the person’s death to file this lawsuit.
Legal Exceptions to Missouri Personal Injury Statute of Limitations
In some very special cases, Missouri law will pause the ticking clock. This is called “tolling.” The deadline might be extended in a few situations:
- Minors: If a child is hurt in a crash, the five-year clock does not start right away. According to Missouri Revised Statute Section 516.170, the five-year deadline for minors does not officially begin until their 21st birthday.
- Mentally Incapacitated Victims: If a victim cannot think clearly or manage their own affairs because of a traumatic brain injury or mental disability, the clock pauses until they recover.
- The Defendant Leaves Missouri: If the driver who caused the crash runs away or moves out of state, the time they are gone might not count against your deadline.
Missouri is an “At-Fault” State
Missouri follows an “at-fault” system. This simply means the person who caused the wreck is responsible for paying for the damages. Under Missouri Revised Statute Section 303.190, all drivers must carry auto insurance to help cover these costs.
If you are hurt by a negligent driver, you will need to know how to file a car accident claim against their insurance company to get the money you need.
What If You Are Partially at Fault for the Car Accident?
Insurance companies will try to blame you for the wreck so they do not have to pay you. Falling for their tricks is one of the biggest mistakes to avoid after a car accident. But even if you made a mistake, you can still get money.
Missouri uses a rule called “pure comparative fault.” This means you can recover money even if you are mostly at fault, though your payout will be reduced by your percentage of blame.
For example, if you have $100,000 in medical bills but the court says you were 10% at fault for the crash, you can still receive $90,000.
What Compensation Can I Recover?
After a severe crash, you need money to survive and rebuild your life. In a Missouri car accident case, you can ask for compensation to cover:
- Medical Expenses: Ambulance rides, ER visits, surgeries, prescription drugs, and physical therapy.
- Lost Wages: Money you lost because you were too hurt to go to work.
- Property Damage: The cost to fix or replace your wrecked car.
- Pain and Suffering: Compensation for your physical pain, emotional distress, and loss of enjoyment in life.
In most Missouri car crashes, there is no limit (or cap) on the amount of money you can receive for your injuries. However, if you are hit by a government vehicle, like a city bus, a police car, or a state dump truck, there is a limit. Under Missouri Revised Statute Section 537.610, claims against the government are generally capped at around $300,000 per person.
What If My Crash Happened Across State Lines?
Because the Kansas City and St. Louis area sits right on state borders, many drivers cross state lines every day. If your wreck happened on the Kansas side of Kansas City or the Illinois side of East St. Louis, the rules change entirely.
If your accident happened across state lines, here are the statute of limitations:
- Kansas: You only have two years to file an injury claim in Kansas.
- Illinois: You only have two years to file an injury claim in Kansas.
Let DM Injury Law Fight for Your Rights
A serious car wreck can leave you feeling hopeless. But you do not have to fight the big insurance companies alone. At DM Injury Law, we help injured victims maximize their financial recovery. We stand up for hard-working people across Missouri who have suffered severe injuries requiring hospital visits and ongoing medical care.
Our car accident lawyers have secured over $1 billion for our clients. Here are a few examples of our successful cases:
- $11,000,000: Our client’s son was killed in a work zone.
- $8,800,000: Our client suffered a TBI after an accident.
- $4,600,000: Our client sustained a TBI and broke multiple bones after an accident.
DM Injury Law has offices all over Missouri. Contact our car accident lawyers for help today:
While you focus on healing, we’ll focus on your case and future. Contact us online today or call us at 816-888-7500 to schedule your free consultation.
Remember, Mike’s Got This!