How Long Do I Have to File a Personal Injury Case in Missouri?
About the Author
Ethan Charles (“EC”) Duckworth is the founding attorney of Duckworth Injury Law. EC earned his law degree from the University of Missouri - Columbia, where he graduated in the top 10 of his class and served as an Editor of the Missouri Law Review. EC currently serves as a member of the Missouri Association of Trial Attorneys (MATA) and is a graduate of the Ross T. Roberts Trial Academy. EC has represented hundreds of injury victims throughout his career, resulting in tens of millions of dollars in compensation recovered.
Do I Need to File a Personal Injury Claim Within a Certain Time Period in Missouri?
In Missouri, an injured party typically has 5 years to file their personal injury case following an accident. If an injured party fails to file their case within 5 years, they may be forever barred from filing their personal injury case moving forward. However, as with many other aspects of the law, this is simply the general rule with regard to personal injury claims, and there are many exceptions depending on the specific facts of your case.
What is a “Statute of Limitations” in a Missouri Personal Injury Case?
A statute of limitations is a law that sets the maximum time limit for a plaintiff (e.g., injured party) to file their case with the appropriate court after an accident has occurred. If the statute of limitations expires prior to the plaintiff filing their case, the plaintiff is generally barred from later attempting to file the case.
In Missouri personal injury cases, the statute of limitations for injury cases is set forth in RSMo. § 516.120. This statute states in relevant part, 516.120. What actions within five years. – Within five years: (4) An action for taking, detaining or injuring any goods or chattels, including actions for the recovery of specific personal property, or for any other injury to the person or rights of another, not arising on contract and not herein otherwise enumerated….
What Exceptions are There to Missouri’s SOL for a Personal Injury Case?
Personal Injury Claims Involving Minors in Missouri
When the injured person is a child, Missouri law creates an important exception. Under RSMo. § 516.170, the statute of limitations is “tolled” for minors, meaning the time limit to file a claim does not begin to run until the child reaches twenty-one years of age. In practical terms, the child has until age twenty-one for the statute of limitations clock to start.
Wrongful Death Cases in Missouri
In Missouri, a wrongful death claim must generally be filed within three years of the date of death. This deadline is set by Missouri’s wrongful death statute, RSMo. § 537.100, and it applies to most claims arising from fatal car accidents, truck crashes, unsafe property conditions, defective products, and other negligent or wrongful acts. This clock on filing a wrongful death case generally begins to run after the death of the individual.
Medical Malpractice / Medical Negligence Cases in Missouri
Medical negligence (medical malpractice) claims in Missouri are governed by RSMo. § 516.105. In most cases, a lawsuit against a healthcare provider must be filed within two years from the date of the alleged negligent act.
Missouri generally follows an “occurrence rule” in medical negligence cases. This means the two-year period typically begins to run on the date the alleged malpractice occurred—not when the injury was discovered. There are limited exceptions, however. For example, if the healthcare provider failed to inform the patient of the act of negligence, and that failure constitutes fraud or concealment, the statute may be tolled until the patient discovers—or reasonably should have discovered—the negligence. Missouri law also provides a limited exception for cases involving a foreign object negligently left inside a patient’s body, allowing suit to be filed within two years of discovery of the object.
Medical negligence claims in Missouri are also subject to additional procedural requirements, including filing an affidavit of merit from a qualified healthcare provider within the time allowed by statute. Failing to comply with these requirements can result in dismissal of your case.
Claims Against the State or a Public Entity in Missouri
If the at-fault party is a governmental entity (such as the Missouri Highways and Transportation Commission, a city, or a county), additional rules may apply. While many claims are still subject to a five-year statute of limitations under RSMo. § 516.120, sovereign immunity laws and statutory damage caps may significantly affect the claim.
Frequently Asked Questions Regarding Missouri’s Personal Injury Statute of Limitations
When Does the Clock Start Running on the SOL for Missouri Personal Injury Cases?
In most Missouri personal injury cases, the five-year period begins to run on the date the injury occurs. However, in limited situations involving concealed injury or fraud, the statute may be tolled until the injury is discovered or reasonably discoverable.
What Happens if you Miss the SOL Deadline to File Your Personal Injury Case in MO?
If a lawsuit is not filed before the statute of limitations expires, the court will almost always dismiss the case—regardless of how strong the facts may be. Insurance companies know these deadlines and will not voluntarily pay claims once the filing period has passed.
Does Filing an Insurance Claim Stop the Statute of Limitations?
No, filing an insurance claim does not stop or toll the statute of limitations in a Missouri personal injury case. Your case must be filed with the court to preserve the SOL.
Does Negotiating with the Insurance Company Extend the Statute of Limitations?
No, negotiating with an insurance claim does not extend the statute of limitations in a Missouri personal injury case. Your case must be filed with the court to preserve the SOL.
What if I Do Not Know the Full Extent of My Injuries?
In most Missouri personal injury cases, the statute of limitations begins to run on the date of the injury—not when you learn how serious the injury is. This means the five-year clock typically starts on the date of the accident, even if your condition worsens later or you later discover you need surgery.
There are limited exceptions in cases involving fraud, concealment, or certain types of medical negligence. However, you should never assume that discovering additional injuries later will extend your deadline.
What if the at-fault driver was uninsured?
If the at-fault driver was uninsured, you may still have a claim through your own uninsured motorist (UM) coverage. In Missouri, uninsured motorist claims are generally governed by contract law, and different time limits may apply depending on the language of your policy.
Importantly, the five-year personal injury statute of limitations may not be the only deadline that matters. Some insurance policies contain contractual notice requirements or limitations periods that can affect your rights. Even if the other driver does not have insurance, you should act quickly to preserve evidence, notify your insurer, and ensure all applicable deadlines are met.
Personal Injury Claims in Missouri Will Have Different Filing Time Limits Depending on the Nature of the Case. Be Prepared With Duckworth Injury Law
The statute of limitations can permanently affect your ability to recover compensation after an accident. While Missouri generally allows five years to file most personal injury claims, important exceptions apply—including shorter deadlines for wrongful death and medical negligence cases.
Insurance companies know these deadlines. If the statute expires before a lawsuit is filed, they have no obligation to pay—no matter how serious your injuries may be.
If you or a loved one has been injured in Columbia, Jefferson City, Lake of the Ozarks, or anywhere in Mid-Missouri, it is critical to understand exactly how much time you have to act. The safest course is to speak with an attorney as soon as possible to ensure your claim is properly investigated and filed within the applicable deadline.
If you have questions about your case or want clarity on how Missouri’s statute of limitations applies to your situation, contact Duckworth Injury Law today for a free consultation.
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