Key Takeaways
- In Missouri, you generally have 5 years from the date of your car accident to file a personal injury or property damage lawsuit.
- Wrongful death claims have a shorter 3-year deadline, and government vehicle accidents require a 90-day notice.
- Signing a settlement release waives your right to further claims, even if you later discover additional injuries.
- Acting quickly preserves evidence and strengthens your case, even if the deadline is years away.
In Missouri, it is usually too late to get a car accident lawyer to help your case if more than 5 years have elapsed since your accident. The Missouri statute of limitations requires you to file a car accident lawsuit within the 5-year span from the date of the accident for personal injury or property damage. Waiting too long can cost you your right to recover compensation.
Missouri’s Statute of Limitations for Car Accidents
Right after a car accident, life often feels chaotic, and along with the pain from your injuries and the emotional factors involved, you may be overwhelmed. That's understandable, though you should not miss the filing deadlines for car accident claims in Missouri.
What happens if you miss the statute of limitations? You'll be barred from filing a lawsuit to seek compensation. Many injured victims make the mistake of thinking that 5 years is plenty of time, though evidence can disappear, witness memory can fade, and the more time that passes, the less likely you'll be to get the full settlement amount you deserve.
Consulting with a car accident attorney in St. Louis as soon as possible after your accident gives you the best chance of preserving evidence and building a strong case.
Exceptions to the Filing Deadline
There are exceptions to the Missouri statute of limitations that could shorten or extend the time allowed to file a car accident lawsuit. If a family member was killed in the crash, you only have 3 years from the accident date to file. If the accident involved a government vehicle, you must submit a notice within 90 days of your intent to sue. However, minors under the age of 21 have the time limit paused until they reach their 21st birthday.
What Happens if You Already Signed a Settlement Release
Another time it's too late is if you have already signed a settlement release and accepted your check from the insurer. Your signature there is an agreement to waive your rights to further claims for this accident. The Bruning Law Firm is committed to helping St. Louis car accident victims understand their rights under Missouri personal injury law to avoid making costly mistakes like these. Our complete guide to hiring a car accident lawyer can help you make the right decisions early on.
Frequently Asked Questions
What happens if I try to file a lawsuit after the 5-year deadline in Missouri?
Trying to file a car accident lawsuit after the 5-year deadline will result in a motion to dismiss the case. Unless you were under 21 at the time, it is unlikely your lawsuit will be allowed to proceed and you will not recover compensation.
Can I hire a lawyer if the accident was a year ago?
Yes, you can hire a St. Louis car accident lawyer at any time before the time limits run out. If a year has passed, there is still time to conduct investigations and negotiate with the insurer. Understanding do i need a lawyer after a car accident? 4 signs that you do can help you decide, and learning how to select the best st. louis car accident lawyer ensures you make the right choice.
Does the 5-year rule apply to fixing my car in Missouri?
Yes, Missouri's 5-year statute of limitations typically applies to personal injury claims and property damage, which includes car repairs. However, many insurance policies have stricter and shorter deadlines, so it is advised that you do not wait.
Contact The Bruning Law Firm
When car accidents leave you injured, you shouldn't wait to get the legal representation you need. The Bruning Law Firm helps St. Louis car accident victims understand their rights under Missouri personal injury law, fighting to recover maximum compensation before the statute of limitations ends. There is no fee unless we win, so call (314) 735-8100 today to schedule a free consultation with our St. Louis car accident lawyers who act fast on your behalf.