At Peterson Law Firm, our Kansas City car crash lawyers understand how quickly a car accident injury can derail your life. You may have to miss work while you’re recovering; expensive medical bills are likely to pile up; and filing a personal injury claim and/or lawsuit and dealing with insurance companies seem impossible. As you consider your options, our lawyers also know that a clock is ticking. Deadlines for filing any legal action loom, and missing these deadlines can bar your right to compensation. Here, we discuss what you need to know about Missouri’s statute of limitations and why it’s important to file a claim or lawsuit as soon as possible.
Missouri's Statute of Limitations for Personal Injury Claims and Lawsuits
The statute of limitations is a legal time limit for how long after the accident you can file a lawsuit or legal action. This time limit starts ticking from the date of the crash. In Missouri, you typically have five years from the date of a car accident to file a personal injury claim or lawsuit seeking compensation for your injuries.
This five-year deadline applies to most car accident cases where you're seeking damages for injuries, medical expenses, lost wages, and pain and suffering. The same timeline applies to property damage claims resulting from the accident.
Five Years Isn’t That Long
It may seem like five years is plenty of time to build a strong case, but your lawyer will need all that time to gather critical evidence, consult with medical professionals, determine your long-term prognosis, and negotiate with the insurance companies for a settlement or prepare for a lawsuit. There are certain types of evidence that can disappear or degrade over time—such as skid marks, vehicle damage, and recollections by witnesses. It’s also possible for surveillance footage to disappear or be lost. When you consult with an attorney right after your accident, you have a better chance of preserving this important evidence.
Many car accident victims don't realize that different deadlines might apply to their specific situation. Waiting too long to consult a lawyer could mean missing critical filing windows that can't be reopened.
Special Circumstances That Might Affect Your Filing Deadline
While the standard five-year limit applies to most Missouri car accident cases, several circumstances can alter this timeline, including the following:
- If your accident involved a government vehicle or employee, you'll face much stricter deadlines. Claims against Missouri state government entities must be filed within 90 days of the accident. For claims against municipal governments, you typically have just 90 days to provide formal notice and two years to file a lawsuit.
- When a car accident results in death, the surviving family members have three years from the date of death (not the accident) to file a wrongful death lawsuit. This shortened timeline makes prompt legal consultation even more crucial for grieving families.
- For child victims injured in car accidents, the statute of limitations doesn't begin until they turn 21. This means a minor injured in a crash generally has until their 26th birthday to file a lawsuit, though having parents pursue the claim much earlier is typically advantageous.
- If you discover injuries that weren't immediately apparent after your accident, Missouri's "discovery rule" might apply. This rule states that the five-year clock starts when you knew or reasonably should have known about your injury—not necessarily on the accident date.
- Sometimes, the at-fault driver leaves Missouri after the accident. In such cases, the statute of limitations may be "tolled" or paused during the period they're absent from the state, effectively extending your filing deadline.
Why Missing the Filing Deadline Can Be Catastrophic for Your Case
If you miss Missouri’s statute of limitations for filing your claim or lawsuit, the consequences are severe and permanent. If you attempt to file a lawsuit after the deadline has passed, the court will almost certainly dismiss your case without considering its merits. This dismissal means:
- You'll lose all legal rights to seek compensation for your injuries, regardless of how serious they are or how clear the other driver's fault might be. The insurance company has no obligation to pay your claim once this deadline passes.
- You’ll be solely responsible for all past and future medical expenses related to your accident. This financial burden can be overwhelming, especially for serious injuries requiring ongoing care.
- You’ll have no leverage to negotiate with insurance companies. They know that once the deadline passes, they're essentially free from any obligation to provide fair compensation.
The emotional impact of losing your right to seek justice shouldn't be underestimated. Many accident victims report feeling additional trauma when they realize they've permanently lost their opportunity for legal remedy. Even if you're still negotiating with the insurance company, the statute of limitations continues running. Insurance adjusters are well aware of these deadlines and may intentionally drag out negotiations until it's too late for you to file a lawsuit.
How Our Kansas City Car Crash Lawyers Can Help You Meet Missouri’s Statute of Limitations
Helping you meet Missouri’s statute of limitations is just one of many ways our car crash attorneys can help you. We will also serve as your guide through this critical timeline, ensuring your right to compensation remains protected. Here's how an attorney helps you navigate these important deadlines:
Proper and Timely Document Filing
Filing a lawsuit involves much more than simply submitting paperwork. Your attorney handles all the technical requirements that must be met to satisfy the statute of limitations.
Court filings must adhere to specific formatting requirements, include particular language, and be submitted to the correct jurisdiction. Your lawyer ensures these technical aspects are handled correctly, preventing costly delays or dismissals on procedural grounds.
Your attorney will also ensure that all defendants are properly identified and served with the lawsuit within the required timeframe. This can be particularly challenging when dealing with corporate entities, government agencies, or individuals who have moved away.
Many cases involve mandatory pre-filing requirements, such as providing formal notice to government entities or filing certain administrative claims before proceeding to court. Your lawyer navigates these preliminary steps while keeping an eye on the ultimate filing deadline.
Protection Against Insurance Company Tactics
Insurance companies are well aware of filing deadlines and sometimes use delay tactics to their advantage. Our attorney will take over all communications with insurance adjusters, preventing them from using misleading statements to delay your claim until the statute of limitations expires. This protective barrier ensures your right to compensation isn't compromised during negotiations.
Some insurance representatives might suggest that ongoing settlement talks extend your filing deadline. Your lawyer knows this isn't true and will maintain preparations to file suit while simultaneously pursuing fair settlement opportunities.
If an insurer is deliberately stalling, your attorney will recognize this tactic and file your lawsuit with plenty of time to spare, preserving your leverage in negotiations while protecting your legal rights.