Detailed Explanation
Most car accident victims are limited to taking legal action within 5 years from the date of the crash. This is when it's too late to get a car accident attorney in St. Louis in the majority of scenarios, though some exceptions do apply.
Some of these exceptions shorten the time limits for filing a lawsuit. If a family member was killed in the crash, you only have 3 years from their date of death to sue the at-fault party. When the other party is a government entity, the deadline is even shorter, and it usually requires written notice within 90 days of the accident.
It's also important to know how the statute of limitations applies to minors in Missouri. Anyone under the age of 21 gets the time limit paused, or tolled, until they turn 21. The clock may also pause if you become mentally incapacitated or if the other driver left the state.
Missing the deadline means that you won't be able to recover the compensation you deserve. The Bruning Law Firm helps St. Louis car accident victims understand their legal rights and options under Missouri personal injury law to ensure they don't miss crucial deadlines that could impact their recovery.
Related Considerations
Does the five-year statute of limitations in Missouri apply to insurance claims?
No, the 5-year rule applies to filing a personal injury lawsuit in Missouri for your car accident. It is not the same as the time limit you will have with the insurance company. Insurance companies require prompt notice and waiting too long to file a claim with them will result in a denial, leaving a lawsuit as the only option. Knowing how long you have to file a car accident claim in Missouri is essential to get the money you deserve.
What are the exceptions to the five-year deadline in Missouri?
The only exceptions that would allow for longer than 5 years to sue the other driver include victims under the age of 21, mental incapacitation, and an absent defendant. The clock pauses in these scenarios and does not start until the minor turns 21, competence is deemed after being mentally incapacitated, or the defendant returns to the state.
What is the “discovery rule” for Missouri car accidents?
Missouri's discovery rule means that your 5-year time limit may be allowed to start when the injury was discovered or should have been discovered reasonably rather than the accident date. This tends to apply when there is a hidden injury that isn't immediately found. Understanding the Missouri car accident statute of limitations can help protect your rights.
Get Help: Contact The Bruning Law Firm
The Bruning Law Firm helps injured victims in St. Louis and throughout Missouri fight for maximum compensation in car accident cases. There is no fee unless we win, so call (314) 735-8100 today to schedule your free consultation with our St. Louis car accident statute of limitations lawyers.