Most people don't think about statutes of limitation until they need them — and by then, time is often running short. If you've been injured in Missouri and you're wondering whether you still have time to file a claim, this guide breaks down exactly what the law says.
From the date of injury (RSMo § 516.120)
Missouri law gives accident victims five years from the date of the injury to file a personal injury lawsuit. This is one of the most plaintiff-friendly statutes of limitation in the country — many states cap it at two or three years. But five years is not infinite, and there are important exceptions that can shorten or extend that window.
What Is a Statute of Limitations?
A statute of limitations is a hard deadline set by law. Once it passes, you lose the legal right to file a lawsuit — no matter how strong your case is. The insurance company knows this, and they'll use delay as a weapon. The longer they can keep you waiting, the closer you get to that deadline.
Missouri's statute of limitations for personal injury is codified at RSMo § 516.120, which states: "Actions for negligence, error or mistake, or other actionable harm" must be filed within five years.
Key point
The clock starts running on the date of the accident or injury — not the date you discovered the injury. For most car accident and truck accident claims, this is straightforward. For other cases (like medical malpractice or latent injuries), the "discovery rule" may extend the deadline.
Wrongful Death: A Different Deadline
If your loved one died because of someone else's negligence, Missouri law gives you three years from the date of death — not the date of the accident — to file a wrongful death claim (RSMo § 516.200).
This is a critical distinction. In some cases, the accident and the death occur on different dates. For example, a pedestrian is struck in January 2024, survives for several months, and passes away in April 2024. The three-year clock would start from April 2024, not January 2024.
Who can file a wrongful death claim in Missouri? The law gives priority to:
- Spouse, children, or grandchildren of the deceased
- Parents if no spouse or descendants exist
- Siblings or their descendants if no closer relatives exist
- Any person who was financially dependent on the deceased
The Discovery Rule: When You Didn't Know You Were Injured
In some cases, you may not immediately know you were injured. A herniated disc that doesn't produce symptoms for months, a traumatic brain injury with subtle effects, or exposure to a toxic substance — these injuries may not become apparent until well after the accident.
Missouri courts apply the "discovery rule" in personal injury cases. Under this rule, the statute of limitations clock may not start until you discovered or reasonably should have discovered both the injury and its cause.
This exception is most commonly applied in:
- Medical malpractice — where the injury may not be apparent until a follow-up reveals a surgical error or misdiagnosis
- Toxic exposure — asbestos, chemical exposure, or contaminated water where symptoms develop years later
- Latent injuries — herniated discs, internal organ damage, or brain injuries that don't manifest immediately
Be careful with the discovery rule
The discovery rule is not automatic — you must prove that the injury was not reasonably discoverable at the time of the accident. Courts look at the specific facts of your case. Don't assume this exception applies to you without speaking to an attorney.
Tolling for Minors and Incapacitated Plaintiffs
Missouri law provides important protections for minors and legally incapacitated individuals. The statute of limitations is tolled (paused) until:
- The minor turns 18 years old
- The incapacitated person regains legal capacity
Once the tolling period ends, the plaintiff gets the standard statute of limitations period to file — but typically only one year from the date the disability is removed (the minor turns 18, or the incapacitated person regains capacity).
This means a child injured in a car accident at age 10 would typically have until age 19 to file a lawsuit. But if the standard five-year window from the date of injury would give them more time, they can use that instead.
What Happens If the Deadline Passes?
If the Missouri statute of limitations passes without you filing a lawsuit, your case is almost certainly barred forever. The defense will file a motion to dismiss based on the expired statute of limitations, and the court will grant it — no matter how clear the liability or how devastating the injuries.
This is one of the most frequently used defenses in personal injury litigation. Insurance companies actively track statute of limitations dates and will let them approach without warning you.
Do not wait until the deadline is close to contact an attorney. Building a strong case takes time — gathering evidence, obtaining medical records, hiring expert witnesses, and negotiating with insurance companies all happen before a lawsuit is even filed.
Exceptions to the Rule: What Can Extend the Deadline?
Several situations can pause or extend Missouri's statute of limitations:
- Fraudulent concealment — If the defendant actively concealed the cause of your injury, the clock may be tolled until you discovered the concealment
- Absence from state — If the defendant leaves Missouri after the injury, the time they are absent may not count against your statute of limitations
- Insurance negotiations — Negotiating with an insurance company does not automatically extend the statute of limitations, but in some cases, courts will consider ongoing settlement discussions as a factor
- Federal causes of action — If your case involves a federal claim (e.g., a civil rights violation), different deadlines may apply
Don't rely on negotiations
An insurance company can string you along for years in "negotiations" and then assert the statute of limitations as a defense the moment the deadline passes. If you're negotiating without a lawyer, you're taking a serious risk.
How an Attorney Can Help Protect Your Deadline
Attorneys don't just file lawsuits at the last minute. We begin building your case as soon as possible — gathering evidence, obtaining official records, interviewing witnesses, and consulting experts — so that when the time comes to file, everything is ready.
If you've been injured in Missouri, don't wait. The five-year clock is generous compared to other states, but it's not infinite. Contact Taran & Associates, P.C. today for a free evaluation of your claim.