Missouri Personal Injury Statute of Limitations

Posted By Ochs & Klein Attorneys, P.C. || 4-May-2016

Have you been injured through someone else’s negligence in Missouri? Have you decided to file a lawsuit against them or their insurance company for compensation? Or are you waiting to weigh your options and collect additional evidence? If you have yet to create your claim, your window of opportunity to receive monetary reward through settlement or litigation is shrinking by the minute.

In Missouri, a personal injury lawsuit can only be filed within the first 5 years after the accident or incident occurred. So if someone rear-ended your car on January 1st, 2015 and the car accident caused you to suffer whiplash, you would have until January 1st, 2020 to file an injury claim against the negligent driver. On January 2nd, 2020, the statute of limitations would have expired.

Once a statute of limitation expires, your right to file a lawsuit does not disappear. Instead, the defendant’s right to have the lawsuit thrown out immediately by the court becomes available. You can prepare the best case in the world to show why you deserve money for your injuries but with one simple request, it can be put in the shredder if the statute is gone.

Hidden Injuries and Experienced Attorneys

There is a pretty big problem with personal injury statutes of limitations, and this is that you might not know that you are injured, or who caused your injury, right away. What can be done then if your ailment did not become a serious problem until years later? Fortunately, you are not out of options.

With an experienced personal injury lawyer, you can argue to the court that the statute of limitations for your case did not begin on the date of your accident or incident but actually when your injuries became noticeable. This is sometimes called a “date of discovery” clause. Imagine that you were in a car accident caused by a drunk driver but walked away with only a headache. Over time, you start to develop migraines, insomnia, and other mental illnesses. Six years go by and you are diagnosed with a traumatic brain injury. Despite the accident being beyond the normal statute of limitation, you may still be able to file a legitimate claim that cannot be dismissed due to the date of discovery.

If you have been hurt in Missouri and need a reliable personal injury attorney to handle your case, call 800.491.1486 to connect with Ochs & Klein Attorneys, P.C. Our St. Louis personal injury lawyers can provide an initial consultation, during which they can determine the value of your case and what needs to be done to strengthen your chances of success.

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