What is the statute of limitations for a car wreck case in Missouri?
A statute of limitations is basically a deadline or a window of time you have in order to file a lawsuit against a responsible party. When the time period passes a claim can no longer be brought, in legal speak it is “barred.” The purpose of a statute of limitations is to for resolution purposes. The Courts do not want to hear cases that are too old. It would make it difficult to get evidence, interview witnesses and it is unfair to defendants.
What is the Statute of Limitations In Missouri?
Before I answer this question, I would advise you to always talk to a lawyer when questioning your statute of limitations. There is nothing for unforgiving than a statute of limitations and a wrong calculation or assessment can be devastating to your claim. Matlock himself cannot unbar a case that has missed the statute of limitations window.
That being said pursuant to Missouri Revised Statutes Section 516.120.1 a Missouri car accident personal incase must be filed within 5 years. There are several factors including when injuries occurred, when the accident occurred, when the person knew of the injuries and/or accident that might change or prolong the statute of limitations. All of these situations need to be evaluated by a trained Missouri car accident attorney.
What if there is a Death that Occurred in the Accident?
If there is a death that occurred in the accident the statute of limitations would typically be three years. I have personally seen cases where the statute of limitations prohibited a case from being filed making it very important to act quickly when an accident has occurred. Moreover, it is important to start working immediately with the family to preserve the claim.
Are All Statute of Limitations the Same?
In short, No. Depending on the type of claim the statute of limitations will verify. These are all based on statutes that were designed by legislatures. For fear at sounding like a broken record, it is important to call a skilled attorney who practices in the area of personal injury to determine if you have a claim. A few examples are provided below:
- Negligence: All actions based on a theory of negligence must be brought within 5 years. 516.120.
- Products Liability: Actions arising from a product must be brought within 5 years. 516.120.
- Medical Malpractice: Claims against healthcare providers must be brought 2 years. This may be based on the date of the incident but sometimes based on the date of discovery. For example, if you find a medical product left in you, your statute of limitations might be longer than the surgery date. 516.105.
- Intentional Torts: Actions for intentional torts such as libel, slander, battery, false imprisonment, and malicious prosecution must be brought within 2 years. 516.140.
Why Should an Attorney Review My Claim?
Especially with a car accident it is imperative to talk to an attorney. We have the experience to properly determine the date of your statute of limitations. We have seem very good claims that are barred or prohibited by the statute of limitations because they were not reviewed by someone who practice in this area. You can call us at 816-200-2900 and we will review your case including your statute of limitations for free.
We know how important it is for you to receive proper representation and have seen first hand people who have been hurt by hiring the wrong lawyer. Our team is experienced and knows how to review a personal injury case. One of our attorneys will speak to you the day that you call and will help you make the proper decision.
CALL NOW: 816-200-2900
Robert Kinsman is a personal injury, mass tort, business litigation, and employment discrimination attorney who practices in Kansas City, Missouri. He graduated from the University of Missouri Kansas City School of Law and has been practicing law for several years now. Robert Kinsman is passionate about normalizing the life of his clients after they have been seriously injured. Learn more about his experience here.