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St. Louis, Missouri Personal Injury Resource

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How Long After an Accident Can You File a Claim in Missouri?

By Avery Injury Law

Calendar and claim documents representing Missouri personal injury deadlines

Quick Answer

For many Missouri personal injury lawsuits based on negligence, the general filing deadline is five years from when the claim accrues. Important exceptions apply. Medical malpractice claims often have a two year deadline, wrongful death actions generally have a three year deadline, and claims involving government entities or insurance policies may require much earlier notice or action.

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Is an Insurance Claim the Same as a Lawsuit?

No. Reporting an accident or opening an insurance claim is different from filing a lawsuit in court. Insurance policies can require prompt notice, cooperation, records, or other steps well before the legal deadline for filing suit.

What Is the General Missouri Personal Injury Deadline?

Missouri Revised Statutes Section 516.120 provides a five year limitations period for many actions involving injury to the person or rights of another. Whether that rule applies depends on the legal claim and the facts, so it should not be treated as a universal deadline.

When Does the Five Year Period Begin?

Missouri law generally looks to when the damage is sustained and capable of being determined rather than automatically using the date of the event in every situation. Determining when a claim accrued can require legal analysis under Section 516.100.

What Is the Deadline for a Missouri Medical Malpractice Claim?

Missouri Revised Statutes Section 516.105 generally provides a two year period for actions against specified health care providers for negligence related to health care. The statute includes limited exceptions and additional restrictions, so these claims require prompt review.

What Is the Deadline for a Missouri Wrongful Death Claim?

Missouri Revised Statutes Section 537.100 generally requires a wrongful death action to be filed within three years after the cause of action accrues. Wrongful death claims have separate rules about who may bring the action and should be evaluated quickly.

Do Claims Against Government Entities Have Different Rules?

They can. Claims involving a city, county, state agency, public employee, roadway, public transit system, or other government entity may involve sovereign immunity, special procedures, or notice requirements much shorter than the general limitations period.

Can the Deadline Be Different for a Child?

Missouri Section 516.170 can pause certain limitations periods for a person who is under 21 or mentally incapacitated when the cause of action accrues. Special statutes can limit or change tolling, including in some medical malpractice matters, so the specific claim must be reviewed.

Does Negotiating With an Insurance Company Extend the Deadline?

Do not assume it does. Settlement discussions, document requests, or an open claim usually do not replace filing requirements. A person can lose the right to sue even while an insurer is still communicating about the claim.

Why Should You Act Before the Deadline?

Evidence can disappear long before a filing period expires. Vehicles are repaired, video is overwritten, witnesses become difficult to locate, physical conditions change, and records become harder to obtain. Prompt investigation can protect both the facts and available legal options.

What Should You Do After a Missouri Accident?

Get appropriate medical care, report the incident when required, preserve photographs and records, avoid destroying evidence, review applicable insurance notices, and seek case specific legal guidance promptly. Do not wait for the general deadline when a shorter rule may apply.

Frequently Asked Questions

Official Sources and Verification Resources

These links are provided for verification and general information. Missouri law and deadlines can change, so confirm the current rule and how it applies to the facts of a particular claim.