Every state has a statute of limitations on personal injury cases. A statute of limitations limits the amount of time a potential plaintiff has to levy a case against the entity responsible for their injury. According to the State of Missouri, the statute of limitations for personal injury cases is five years after the discovery of the injury in question.
Compared to other states, Missouri has a longer statute of limitations. The average statute of limitations in most states is 2 years. However, even though Missouri has a longer statute of limitations, it is always best to file charges against a negligent entity as soon as possible. The longer you wait to press charges, the more likely it is that eyewitnesses will forget details and evidence will disappear.
However, there are some exceptions to the five-year limit. One of which is if the plaintiff is a minor, or otherwise mentally incapacitated at the time of the injury occurring. Should this be the case, the five-year filing limit countdown will begin at the date when the legal incapacitation ends. In the case of the plaintiff being a minor, the clock will start running when the person in question turns 21. In the case of an injured person, the countdown begins when they are legally declared competent once more.
Additionally, if the defendant leaves the state during this five-year limit and is a resident of the state of Missouri, the five-year time clock will not start running until they return to the state.
This post is intended to educate you about the personal injury statute of limitations in Missouri. It is not intended as legal advice.