Detailed Explanation
In Missouri, a minor who is hurt in a car accident has the right to sue the at-fault party. Unlike adults though, the statute of limitations is tolled, or paused, until their 21st birthday. This means that they will have until their 26th birthday to file a lawsuit for the accident.
The 5-year deadline tends to apply to most personal injury cases, including car accidents. However, in cases of wrongful death, there is no pausing for minors to reach the age of 21. Wrongful death lawsuits have a firm 3-year deadline that starts on the date of death, no matter how old the claimant may be at the time.
What happens when the statute of limitations expires? If you haven't taken legal action by then, you will be barred from filing a lawsuit and seeking compensation. Filing deadlines for car accident claims in Missouri are quite lengthy at five years, though it is best to move forward with legal recourse immediately. Evidence can fade or degrade over time and key witnesses may move or be unavailable. Even if witnesses still remain in the area, they may not recall what happened as vividly when more time has passed. The St. Louis auto accident attorneys at The Bruning Law Firm are here to help you understand your rights and legal options to ensure you don't miss important filing dates.
Related Considerations
Does the extension for minors apply to property damage claims?
No, Missouri car accident victims who were minors at the time of the accident do not get an extension for property damage claims. Understanding the Missouri car accident statute of limitations is important to protect all aspects of your claim.
How long do parents have to sue for their child’s medical expenses in Missouri?
Parents who are looking to recover the costs of medical expenses they paid for their child's medical care after the accident need to file their claim within 5 years of the date of the accident. This claim doesn't get the same pause that is granted to the minor's own personal injury claim. This is one of the reasons why hiring a car accident lawyer early protects your child's claim and ensures someone with deep knowledge of car accident laws in Missouri is fighting on your behalf.
Are there different deadlines for wrongful death or government-related accidents involving minors?
Yes, in the case of a wrongful death claim, it needs to be filed within 3 years of the death, no matter how old the minor child is at the time. Claims against any government entity have their own requirements, including issuing a formal notice of a claim within 90 days of the accident and that also applies to minors. Make sure you don't miss anything you need by hiring a St. Louis car accident attorney.
Get Help: Contact The Bruning Law Firm
The Bruning Law Firm helps St. Louis car accident victims understand their rights and options under Missouri personal injury law, and prevents you from missing key deadlines imposed by the statute of limitations to fight for your maximum compensation. We charge no fee unless we win, so call (314) 735-8100 today to schedule your free consultation with our St. Louis car accident lawyers for minor children's claims.