What Is Missouri’s General Filing Deadline?
For most personal injury claims, Missouri law provides a five-year window to file a lawsuit, measured from the date of the injury. Under RSMo Section 516.120, this five-year period covers car accidents, slip-and-fall injuries, and most other negligence-based claims where someone was hurt due to another party’s carelessness. This is a notably longer deadline than the two- or three-year windows found in many other states.
Five years can feel like a generous cushion, but it passes faster than most people expect once medical treatment, insurance negotiations, and ordinary life get in the way. Waiting until the final months to gather evidence or find a witness often means some of that evidence is already gone.
A Lee’s Summit personal injury lawyer still recommends starting a claim well before this deadline approaches, since evidence tends to disappear, witnesses relocate, and memories fade long before a legal deadline actually arrives. Insurance adjusters are also aware of how the passage of time affects a claim’s strength, and a case that sits untouched for years often becomes harder to negotiate even while technically still within the filing window.
Which Cases Have a Shorter Deadline?
Not every injury claim follows the standard five-year rule. Wrongful death claims must generally be filed within three years of the date of death, while medical malpractice claims face a much shorter two-year window from the date of the alleged negligent act. Claims involving a government entity, such as a city bus or a municipal employee, can also require a formal notice of claim within a much shorter period, sometimes as little as ninety days, before a lawsuit can even be filed.
Missing one of these shorter deadlines can permanently bar a claim, even when the underlying five-year rule would otherwise still apply. A car accident involving a city-owned vehicle, for example, can quietly carry a ninety-day notice requirement buried inside the same case that would otherwise have five full years to resolve.
Does the Deadline Ever Start Later Than the Injury Date?
In some circumstances, yes. Missouri’s discovery rule can delay when the clock starts running in cases where an injury or its cause was not immediately apparent, such as certain product liability or toxic exposure cases. However, courts apply this exception narrowly, and relying on it without a documented reason for the delay carries real risk.
Cases involving a defendant who leaves the state after an accident may also see the running of the deadline paused for the period that person is absent, under a separate tolling provision. This tolling provision comes up more often than people expect in cases involving out-of-state drivers who return home shortly after a Missouri crash.
What Should You Do as Soon as Possible After an Injury?
Waiting to see how an injury develops is understandable, but it can create real problems for a future claim. Helpful early steps include:
- Seeking prompt medical evaluation and following through with recommended treatment
- Photographing the accident scene, vehicle damage, or hazardous condition involved
- Collecting names and information for any witnesses present
- Requesting a copy of any police or incident report generated
- Keeping records of missed work and out-of-pocket medical expenses
Taking these steps early preserves evidence that becomes much harder to recover later.
What Sets the Stuart Law Office Apart?
Every claim has its own specific deadline questions depending on the type of injury and the parties involved. Law Office of Daniel E. Stuart, P.A. reviews the facts of each case early to identify exactly which deadline applies and to make sure a claim is filed with time to spare.
How Should You Move Forward With Your Case?
Understanding your specific filing deadline is one of the most important steps after an injury, since missing it closes the door on compensation entirely. If you were hurt in an accident near Lee’s Summit, a Lee’s Summit personal injury lawyer can look at the facts of your case and let you know exactly where your deadline stands before it becomes a problem.