Have you been injured in an accident in Kansas City? If it happened on the Missouri side of town, we have some good news for you: the state has one of the longest filing periods for personal injury claims in the country.
However, even with a long window, a missed personal injury lawsuit deadline could permanently cost you your right to seek compensation from the person who hurt you. Furthermore, if you do not act promptly, you could miss out on the critical evidence that could make the difference between getting maximum compensation and settling for pennies on the dollar – or nothing.
The Standard Five-Year Deadline in Missouri
Missouri state law sets a deadline on how long you have to take legal action after an injury. In most circumstances, the Missouri personal injury statute of limitations gives you five years from the date you suffered your injury to file your lawsuit.
If you attempt to file a personal injury claim after the limitation period has passed, the court will most likely dismiss your case on a motion from the defendant, regardless of how valid your claim otherwise would be. In other words, you lose your right to compensation even if all the other facts of the case are on your side.
The deadline applies to most negligence claims, including those involving:
- Motor vehicle accidents like car accidents and truck crashes
- Premises liability cases, including slip-and-falls
- Dog bites and other animal attacks
- Product liability cases involving unsafe consumer goods, drugs, and food items
However, some narrow exceptions could either lengthen or shorten the filing window.
Critical Exceptions That Shorten the Filing Window
Not all claims are subject to Missouri’s standard five-year statute of limitations. Here are a few exceptions with shorter filing periods:
- Wrongful death claims – In the event an injury results in the victim’s death, their close family members can file a wrongful death claim against the responsible party. Wrongful death claims are subject to a three-year deadline in Missouri, measured from the date of death.
- Medical malpractice claims – Medical providers should treat patients in accordance with the accepted standard of care. When their failure to do so harms a patient, the patient has two years from the discovery of the negligent action to file a medical malpractice claim against them.
- Intentional injury claims – In cases of deliberate harm (like assault), victims have two years to file suit. Note that the claims are distinct from criminal prosecution, which happens in a separate court system.
- Claims against city governments – Special rules apply if the injury occurred as the result of a defect in a road, bridge, sidewalk, or other public way. An accident victim must file notice to the mayor within 90 days of the injury.
Exceptions That May Extend Your Time to File
In addition to the exceptions that can shorten the deadline, some exceptions can extend it.
For example, the discovery rule applies when an injury victim does not immediately know the cause of their injury. For example, it might take time for someone who recently had surgery to realize that the symptoms they are experiencing are the result of a piece of medical equipment having been left inside them.
The personal injury lawsuit deadline in Missouri pauses when an injury victim has a legal incapacity that prevents them from bringing a claim. Examples include minors or mentally incapacitated people who have suffered severe brain injuries. The clock pauses until the time the victim’s incapacity ends – for example, when a minor turns 18 or when a coma patient wakes up.
The Real Risks of Waiting Until the Last Minute
Missouri’s five-year statute of limitations on most personal injury claims is one of the longest in the country. However, there are real risks to waiting too long to take action on your claim. The most pressing issue is the potential loss of your right to compensation if you file after the deadline has passed. However, there are other reasons not to delay.
It takes strong evidence to win a personal injury case. The evidence will not last forever. Memories will fade, and eyewitnesses can forget the fine details that could support your version of events. Accident scenes get cleaned up, documents get thrown out, and at-fault parties might conveniently lose information that makes them look bad. Wait too long before pursuing an injury claim in Missouri, and you might not have access to the evidence you need to prove what happened.
While the statute of limitations applies directly to lawsuits rather than settlements, it affects both. Your main leverage during settlement negotiations is your ability to bring a lawsuit. Once you can no longer do that, there is no reason for the at-fault party’s insurer to pay you.
They want to run out the clock to weaken your bargaining position. Do not let them. Get help from our personal injury lawyers right away to protect your right to fair compensation.
How Presley and Presley Trial Lawyers Protect Your Rights
The consequences of missing a deadline in a personal injury case are serious. Fortunately, you do not have to manage the timeline on your own. Instead, you can work with an experienced personal injury lawyer from Presley and Presley Trial Lawyers. We can:
- Investigate the accident and identify the deadline that applies to your case
- Secure crucial evidence and witness statements before evidence disappears or memories fade
- File your complaint with the correct court within the deadline imposed by the statute of limitations
- Gather compelling evidence promptly and work with experts to build a strong case quickly
- Begin settlement discussions with the at-fault parties and their insurers promptly to give us as much time to negotiate a settlement as possible
- Recognize when negotiations are unproductive, and we need to proceed to active litigation before the deadline gets too close
When you work with us, you get the peace of mind that comes from knowing that experienced professionals are managing your case.
Take Action Before Time Runs Out
Do not risk losing out on your right to seek fair compensation after an accident due to someone else's negligence. Contact Presley and Presley Trial Lawyers now to get timely help from an experienced Kansas City personal injury attorney. Let us worry about meeting the legal deadlines under Missouri law while you concentrate on getting better.
