If you or somebody you know has been injured due to the negligent actions of another person in Missouri, it may be necessary for you to file a personal injury lawsuit to recover the compensation you need. However, every state places time constraints on the amount of time a person has to file these cases. At Townsend Law LLC, our personal injury lawyers in Kansas City want to discuss the statute of limitations and filing deadlines for personal injury lawsuits in Missouri, for auto accidents, wrongful death, or any other personal injury claim.
Every state is responsible for putting time limits on the amount of time a person has to file a lawsuit against a party that causes them harm. These time limits are called statutes of limitation, and they are strictly enforced filing deadlines.
In Missouri, the statute of limitations for personal injury claims is five years from the date of the underlying accident that caused the injury. If a personal injury victim fails to start their claim within this five-year window, the case will be dismissed, and they will be unable to secure compensation for what happened because they waited past the time limit to file a legal claim for their personal injury case.
Five years is more time than what victims in most states have to file these lawsuits, but that does not mean you should delay making a claim. Most states have a two-year statute of limitations for accident victims. The longer you wait, the more chances there are of evidence disappearing and memories of the event fading, presenting unnecessary challenges for your personal injury attorney, yourself and the courts. You should secure a Kansas City personal injury lawyer as soon as possible after an incident occurs in order to ensure maximum compensation for your claim to recoup medical treatment costs, medical bills, property damages, and more within the allotted time frame.
There are some exceptions or special rules, to the five-year rule. If the person injured is under the age of 21 or is mentally incapacitated when the underlying accident occurs, the five-year “clock” will not start until the period of time know as “legal disability” ends. This will be when the injured person turns 21 or is declared competent.
The five-year window may also be delayed if the person responsible for the victim’s injuries (the at-fault party) is a resident of Missouri but leaves the state sometime after the underlying accident takes place. The period of absence will not be counted as part of the five-year filing window.
Many states also have the Discovery Rule exception, which extends the filing deadline of the statute of limitations. The Discovery Rule essentially states that the person was not expected to have been reasonably aware of the offense, and thus the time frame, or period of time between the cause of action and claim/insurance claim can be greater than the state’s typical statute of limitations. Such as in the case of mesothelioma. The Discovery Rule may apply in wrongful death cases as well.
If you or somebody you care about has sustained an injury that was caused by another person’s careless or negligent actions, contact an attorney today. You may be entitled to compensation through a personal injury lawsuit, but please understand that there are time limits in place for these actions, and accident victims need to act quickly.
At Townsend Law LLC, our law firm’s goal is to investigate your case, build a strong attorney-client relationship, and work to secure any compensation you are entitled to, including:
We will fight for what you deserve from insurance companies and the negligent parties, and provide legal advice on how to proceed with your claim, and ensure you get the most you can from your personal injury claim.
If you need a personal injury lawyer in Kansas City or help navigating how to file a personal injury lawsuit, you can contact us for a free consultation by clicking here or calling us at 816-408-6476.