Many car accident victims put off the claim process while they are busy focusing on their physical and emotional recovery from the trauma of the accident. Fortunately, Missouri allows accident victims up to five years to file a car accident claim. Under Missouri RSMo. §516.120, the state’s statute of limitations is five years for many actions, including the following, as stated in the Civil Procedure:
“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…”
Missouri’s Statute of Limitations Is a Generous Five Years
A car accident can cause years of distress, with property damage, medical bills, lost earnings, and a tedious claim process to recover those losses. Fortunately, Missouri’s tort laws offer a means of legal redress for car accident victims to recover their losses when someone else’s actions caused their injury. In car accident claims, this is typically another driver, but may also be a negligent road planning or road maintenance agency, or the manufacturer of a car part.
Most states only allow two years to file a claim, but Missouri’s statute of limitations is five years from the injury date. A court will not hear a case that’s filed past the five-year statute of limitations. Most claims settle without trial, but if an insurance company wrongfully denies or undervalues a claim, the injured person must file a lawsuit within five years of the accident date.
Why Does Missouri Limit the Amount of Time to File a Car Accident Claim?
All states set statutes of limitations for legal action, including car accident claims. This time limit helps ensure that evidence in the case remains available during the investigation and in court. It also helps ensure the reliability of eyewitness testimony. Setting a time limit for claims also protects defendants against the long-term threat of lawsuits.
Are There Ever Extensions on Missouri’s Statute of Limitations for Car Accident Cases?
The court extends, or “tolls,” the statute of limitations only under limited circumstances. The most common reason for extending the time limit is for minors. If a child suffers an injury in a Missouri car accident, they have up to five years from their 18th birthday to file a compensation claim. If an injury victim discovers their injury months after the accident, they have five years from the date of the discovery to file a claim.
For example, when a doctor diagnoses a backache as a herniated disc from an earlier car accident. Finally, the court may allow additional time if a car accident victim was incapacitated for some time after the accident, such as a coma victim. In these cases, the clock starts ticking on the date they regain cognitive function.
How Long Should I Wait to File a Car Accident Claim In Missouri?
A car accident attorney can advise you on how the state’s statute of limitations affects your claim based on the unique circumstances of your case; however, it’s generally advisable to begin the process soon after the accident, but not before the full extent of the damages you’re facing becomes clear. For instance, you may find that you need a future surgery, rehabilitation, and time away from work.
You could also find that the injury has left you with a disability or chronic pain. Recovering the full value of your damages up to the amount available to you under the at-fault party’s insurance requires an experienced investigation, careful calculation of your damages, and adherence to the state’s statute of limitations for Missouri car accident claims. Let the experienced St. Louis personal injury attorney team at Miller & Hine handle your injury case on your behalf.