The Statute of Limitations for Personal Injury Cases in Missouri

A statute of limitations is a deadline. Miss it, and your legal claim ceases to exist — no matter how strong your evidence, how severe your injuries, or how clearly the other party was at fault. The courthouse door closes permanently.

Missouri imposes specific time limits for filing personal injury lawsuits, and understanding these deadlines is one of the most important things an injured person can do. The rules seem straightforward on the surface, but exceptions, tolling provisions, and special circumstances create traps for the unwary.

The General Rule: Five Years

Missouri's statute of limitations for most personal injury claims is five years from the date of injury, governed by RSMo § 516.120. This applies to the majority of accident cases: car crashes, slip and falls, dog bites, and other negligence-based injuries.

Five years is more generous than many states — some impose two- or three-year deadlines. But five years passes faster than most people expect, especially when the first year is consumed by medical treatment and recovery, and the subsequent years involve investigation, demand letters, and settlement negotiations.

The critical date is when you file the lawsuit — not when you send a demand letter, not when you hire an attorney, and not when the insurance company denies your claim. The petition must be filed with the court before the deadline expires.

Different Claims, Different Deadlines

Not all personal injury claims share the same five-year window. Missouri imposes shorter or longer deadlines depending on the type of claim:

Medical malpractice: two years. Claims against healthcare providers must be filed within two years of the date of the alleged malpractice, with an absolute outer limit. This significantly shorter deadline reflects a policy judgment about the need for prompt resolution of medical negligence claims. RSMo § 516.105 governs these claims.

Wrongful death: three years. If the injury results in death, the wrongful death claim must be filed within three years of the date of death — not the date of the underlying injury. RSMo § 537.100 sets this deadline.

Claims against government entities: varied. Claims against Missouri state or local government entities are subject to sovereign immunity provisions that impose notice requirements and shorter filing deadlines. Failure to provide timely notice can bar the claim regardless of the statute of limitations.

Product liability: five years. Claims based on defective products follow the general five-year rule, though the date the clock starts running may differ if the defect was not immediately apparent.

Property damage: five years. Claims for property damage — vehicle damage, damaged personal property — also fall under the five-year general statute.

When the Clock Starts Running

The statute of limitations typically begins running on the date of injury. For an obvious event — a car accident, a fall, a dog bite — the start date is clear.

But some injuries are not immediately apparent. The discovery rule addresses this situation: the statute of limitations begins running when the plaintiff knew or should have known about the injury and its cause. This rule is particularly important in medical malpractice cases, where the effects of negligent treatment may not become apparent for months or years.

The discovery rule does not extend the deadline indefinitely. Courts require that the plaintiff exercise reasonable diligence in discovering the injury. If the symptoms were present and a reasonable person would have sought medical attention or investigation, the clock starts running — even if the plaintiff chose to ignore the warning signs.

Tolling: When the Clock Pauses

Certain circumstances pause — or "toll" — the statute of limitations. The deadline is extended by the period during which the tolling condition existed.

Minority. If the injured person is a minor (under 18) at the time of injury, the statute of limitations is tolled until they reach the age of majority. A child injured at age 10 generally has until age 23 to file a personal injury claim (five years after turning 18).

Mental incapacity. If the injured person lacks the mental capacity to manage their affairs at the time of injury, the statute is tolled during the period of incapacity. Once capacity is restored — or a legal guardian is appointed — the clock begins running.

Absence from the state. Missouri law may toll the statute of limitations during periods when the defendant is absent from the state, making service of process impractical. However, modern long-arm statutes and alternative service methods have reduced the practical significance of this provision.

Fraudulent concealment. If the defendant actively conceals the wrongful conduct — for example, a doctor who alters medical records to hide malpractice — the statute may be tolled until the plaintiff discovers or should have discovered the concealment.

The Consequences of Missing the Deadline

There is no grace period. There is no extension for good reasons. If you file one day after the statute of limitations expires, the court will dismiss your case. The defendant files a motion to dismiss, the court grants it, and your claim is over.

The dismissal is "with prejudice," meaning you cannot refile. The claim is permanently extinguished. No amount of evidence or sympathy can resurrect it.

Insurance companies know this. Some deliberately delay settlement negotiations, hoping the plaintiff will miss the deadline. Others make lowball offers close to the deadline, knowing the plaintiff's leverage decreases as the filing window narrows.

Why Waiting Is Risky Even Within the Deadline

Even if you have five years, filing early provides significant advantages:

Evidence preservation. Witnesses forget details. Surveillance footage gets overwritten. Physical evidence deteriorates. Medical records from years-ago treatment may be harder to obtain. The sooner your attorney begins investigating, the better the evidence.

Witness availability. Witnesses move, become ill, or die. Locking in testimony through early depositions preserves the evidence for trial.

Negotiating leverage. An attorney who files suit early demonstrates seriousness. Insurance companies respond differently to a filed lawsuit than to a pre-litigation demand letter. Filing signals that you are prepared to go to trial.

Time for thorough preparation. Complex cases — multiple defendants, extensive medical issues, expert testimony — require substantial preparation time. Filing early gives your attorney room to build the strongest possible case without deadline pressure.

Special Situations

Motor vehicle accidents involving uninsured motorists. If you are pursuing an uninsured motorist claim under your own policy, the deadline may be governed by your insurance contract rather than the statute of limitations. Review your policy carefully.

Construction accidents. Claims arising from construction defects may be subject to a statute of repose — a fixed deadline that runs from the date of construction rather than the date of injury. This can cut off claims before the injured person even knows the defect exists.

Federal claims. If your injury gives rise to a federal claim — a constitutional violation, a federal statutory right — the deadline may differ from Missouri's state law deadlines. Federal statutes set their own limitations periods.

FAQ

What if I did not know I was injured until after the accident?

Missouri's discovery rule may extend the deadline. The statute of limitations begins when you knew or should have known about the injury. However, you must exercise reasonable diligence — if symptoms were present, you cannot ignore them and claim you did not know.

Does the statute of limitations apply to settlement negotiations?

The statute of limitations applies to filing a lawsuit, not to settlement negotiations. However, negotiations do not pause the clock. If negotiations are ongoing as the deadline approaches, your attorney must file suit to preserve the claim, even if settlement discussions continue.

Can the statute of limitations be waived?

In rare cases, the defendant may agree to toll the statute of limitations by written agreement while the parties negotiate. This is called a tolling agreement. Without such an agreement, the deadline is firm.

What if I was injured by a government employee?

Claims against government entities in Missouri are subject to special rules, including shorter notice requirements. You may need to file a notice of claim within a specified period — sometimes as short as 90 days — before you can sue. Failure to provide this notice can bar the claim entirely, regardless of the five-year statute of limitations.

Should I wait to see if my injuries heal before filing?

No. You can file a lawsuit and continue treating. Waiting risks losing evidence and approaching the deadline under pressure. Filing does not mean your case goes to trial immediately — there is typically a year or more of discovery and preparation before trial.

Every day that passes is evidence that fades. Call OTT Law at (314) 794-6900 now.

This article is for informational purposes only and does not constitute legal advice. Every case is different. Contact OTT Law at (314) 794-6900 for a free consultation specific to your situation.