When you suffer injuries due to someone else’s negligence, the clock immediately starts ticking on your right to file a lawsuit. That “clock” is known as the statute of limitations, and once it’s up, you most likely waive your right to pursue compensation for your injuries.
In Missouri, you typically have five years from the date of an accident to file a personal injury lawsuit. However, the law recognizes that not all situations are created equal, and there are some instances where exceptions can be made to the statute of limitations. These exceptions extend, or “toll,” the filing deadline. Understanding when you may qualify for an exception—and when to call a personal injury lawyer–can help you protect your legal rights.
The Discovery Rule
Not all injuries are apparent the moment they happen. Sometimes, the harm (or whatever caused it) may not be discovered for months or even years. When that’s the case for you, Missouri’s discovery rule may delay the start of your filing window until the injury or its cause is discovered, or reasonably should have been discovered.
Some examples include:
- Medical Malpractice: If a surgical error occurs, you might not immediately realize it, and even after symptoms start to show, it may take time to discover their source.
- Toxic Exposure: Sometimes, workers are exposed to harmful conditions on the job, but the effects take years to show.
- Defective Products: Defective products like medical devices, prescription drugs, or protective gear might not cause issues for months or years.
Claims Involving Minors
If the injured person is under 21 years old at the time of the accident, Missouri law pauses the statute of limitations until they reach legal adulthood. This generally means the five-year window doesn’t begin until their 21st birthday, giving them until their 26th birthday to file a personal injury lawsuit.
This law protects minors who cannot legally represent themselves and ensures they have a fair chance to pursue compensation once they’re old enough.
Mental Incapacity
In some cases, the victim may be mentally incapacitated during or as a result of the injury. For example, they may be experiencing psychosis or a schizophrenic break, or they may be in a coma after a car crash. When this is the case, the individual cannot understand or participate in legal proceedings and may have their deadline for filing a lawsuit tolled.
Defendant Leaves the State
If the at-fault party leaves Missouri, it is almost impossible for the injured party to seek compensation. Without freezing the statute of limitations, they might wait until the deadline is over before returning to evade justice. That’s why Missouri law generally pauses the clock until the defendant is back in the state.
Wrongful Death Claims
Wrongful death claims may be related to personal injury law, but they don’t follow the same statute of limitations. In Missouri, surviving family members generally have three years from the date of death to file a wrongful death lawsuit. In instances where the cause of death was not immediately known, the discovery rule may apply, meaning the filing deadline can be pushed back to three years after the cause is discovered.
Contact a Missouri Personal Injury Attorney Today
Pursuing your personal injury or wrongful death claim well before the statute of limitations ends is crucial if you want to protect your rights and hold the responsible party accountable. The team at Holland Injury Law, LLC, has recovered over $300 Million for our 7,000+ clients. We can assess your case, determine if you qualify for any exceptions, and then move forward expediently. Contact us today for your free consultation.