You have a deadline to file a lawsuit after a Missouri car accident. The law that sets this deadline is called the “statute of limitations.” In Missouri, the statute of limitations for car accident claims is usually five years from the crash date. That’s a long time, but you don’t want to wait that long to take legal action. These cases take time to build, and waiting to talk to a Missouri auto accident attorney could mean you don’t recover as much compensation or lose your care entirely.
Exceptions to the Missouri Statute of Limitations on Car Accident Claims
While five years from the accident date is the usual deadline for Missouri car accident lawsuits, there are situations where you might have more (or less) time to take legal action. These exceptions include:
- Wrongful Death Claims – There are shorter deadlines for car accident claims arising from someone’s wrongful death. You must file a wrongful death lawsuit within three years from the date of death.
- Claims Involving Minors – If the injured person is under 21 when the crash happened, the five-year clock doesn’t start until they turn 21. This rule means they generally have until age 26 to file a personal injury claim.
- Incapacitated Plaintiffs – For anyone who is mentally incapacitated before or because of an accident, the statute of limitations pauses until they regain their mental capacity.
- Claims Against Government Entities – If you’re suing a government agency (such as the Missouri Department of Transportation), you typically must submit a formal notice of your claim within 90 days and file a lawsuit within one year.
Why Does the Law Limit Your Time to File a Car Accident Lawsuit?
Missouri law limits the time you have to file a car accident lawsuit to keep the legal process fair and efficient. As time passes, evidence can disappear, memories can fade, and witnesses can become hard to find. Setting a deadline encourages people to act while the facts remain fresh and reliable.
Having a deadline for these cases also protects defendants (the people being sued) from having to contest old claims when the details are no longer clear. These time limits also help the courts manage cases more effectively by discouraging unnecessary delays.
If you wait too long to take legal action, you may lose your right to compensation entirely, no matter how strong your case might be. That’s why it’s vital to know the appropriate deadlines and speak with a lawyer as soon as possible after a crash.
What Happens if You Miss the Deadline to File a Lawsuit?
You can pursue an insurance claim even after missing the deadline for a car accident lawsuit. However, you have no leverage against the insurance company without the threat of a court case. They might offer a lowball settlement that doesn’t meet your needs or reject your claim outright. Either outcome is bad for you, so don’t wait to talk to a car accident attorney.
Tips to Avoid Missing the Deadline for a Car Accident Claim
Here are a few suggestions to avoid missing the deadline for a car accident lawsuit:
- Get medical attention immediately so you have a thorough record of your injuries from the start.
- Report the accident to law enforcement and your insurance company right away.
- Keep records of your medical visits, repair bills, missed work, and other losses.
- Don’t assume the deadline is the same in every case; exceptions may apply.
- Act quickly if the crash involved a government vehicle, as these claims have shorter notice periods.
- Contact a car accident lawyer as soon as possible so they can start building your case.
Contact a St. Louis Car Accident Attorney
Holland Injury Law, LLC, is prepared to act swiftly and decisively to protect your rights after a car accident. Call now or complete our contact form for a free consultation.