In Missouri, you generally have five years from the date of your car accident to file a lawsuit for personal injury or property damage. If you miss this deadline, the court will most likely refuse to hear your case, and you’ll lose your chance to recover compensation, no matter how strong your claim may be.
516.120. What actions within five years. — Within five years: (4) An action for taking, detaining or injuring any goods or chattels, including actions for the recovery of specific personal property, or for any other injury to the person or rights of another, not arising on contract and not herein otherwise enumerated
That’s why it is essential to seek assistance from a car accident lawyer in St. Louis and act promptly within the required timeframe. However, there are some exceptions that can extend or shorten the deadline:
The Discovery Rule
Sometimes, injuries related to a car accident aren’t obvious right away. In these situations, Missouri’s discovery rule allows the statute of limitations to start when you discover or should have reasonably discovered your injury, rather than from the date of the accident itself.
(2) In actions for which no other period of limitation is prescribed and which involve latent injury or disease, the cause of action does not accrue until the plaintiff has discovered, or by reasonable diligence should have discovered, the injury.
Injury Victims Under 21
If the injured party is younger than 21 at the time of the accident, the five-year period does not begin until they turn 21. This means minors and young adults have additional time to file their claim once they reach legal age.
Disability Exceptions
For accident victims who are legally disabled (mentally incapacitated or otherwise), the statute of limitations is paused until the disability is lifted. Only then does the five-year time limit begin.
516.170. May delay filing of action, when. — Except as provided in section 516.105, if any person entitled to bring an action in sections 516.100 to 516.370 specified, at the time the cause of action accrued be either within the age of twenty-one years, or mentally incapacitated, such person shall be at liberty to bring such actions within the respective times in sections 516.100 to 516.370 limited after such disability is removed.
Defendant Leaves the State
If the person you want to sue leaves Missouri after the accident and before you can file a St. Louis personal injury lawsuit, the time they spend out of state generally does not count against the five-year limit. The countdown stops when they leave and resumes when they return.
Claims Against Government Entities
Claims involving a government agency have much stricter rules. You must file notice of your claim with the government office within 90 days of the incident or you may lose your right to file at all.
Fraudulent Concealment
If the at-fault party actively hides their involvement in the accident or causes you harm through fraud, the statute of limitations will pause. It does not start to run again until you discover or should have reasonably discovered the fraud. However, the absolute deadline is within 10 years of the injury regardless of when the fraud is discovered.
(5) An action for relief on the ground of fraud, the cause of action in such case to be deemed not to have accrued until the discovery by the aggrieved party, at any time within ten years, of the facts constituting the fraud.
It’s important to talk with a qualified Missouri car accident attorney as soon as possible to make sure you don’t miss any potential deadlines or lose valuable legal rights. Contact us today to schedule a free consultation.