Missouri Statute of Limitations For Personal Injury Claims

Negligence claims – The statute of limitation for negligence claims in Missouri is 5 years from the date of injury, meaning, if someone causes a car wreck that results in an injury to your person, you have five years to file a complaint (also known as a petition) in the Missouri courts. That does not mean that the case must be completed, verdict or settlement and all, before the end of five years. Generally, negligence claims in Missouri include injuries resulting from motor vehicle collisions; injuries from slip, trips, and falls from dangerous conditions on another’s property; injuries from dog bites; and most other injuries caused by an act or omission from a person or business. Missouri’s personal injury statutes of limitations for auto accidents follow that of negligence claims:

• Car & truck accidents: 5 years from the date of the accident (see Missouri car accident statute of limitations)
• Motorcycle accidents: 5 years from the date of the accident

Wrongful death claims – The statute of limitation for wrongful death in Missouri is 3 years. In that same scenario, if the crash resulted in the death of the injured party, then the injured party’s family has a right to a wrongful death claim against the defendant. This is a different type of claim than a negligence claim in that it is a claim that belongs to the deceased’s survivors who step in, not to the injured party. Note, however, that if someone is injured as a result of another’s negligence, then subsequently dies from unrelated causes, their statute of limitations remains five years, but they must have an estate filed within one year of the date of their death to pursue their negligence claim. The settlement from the negligence claim becomes property of the decedent’s estate.

Minors – Because a minor plaintiff cannot negotiate or agree to a settlement on their own behalf, they have an extended statute of limitation, which is five years following their 21st birthday. When cases are resolved when the injured plaintiff is still a minor, the parties will often need to seek court approval of the settlement amount in the form of a friendly suit called a minor settlement hearing. In 2021, the Missouri legislature passed a bill that allowed minor settlements that are under $35,000 to bypass the minor settlement hearing so long as the net proceeds of the settlement are deposited into a restricted account for the benefit of the minor that they can access upon their 18th birthday. The parent or guardian of the minor must complete an affidavit verifying that they are putting the money in the account and believe that the settlement amount fully compensates the minor.

Dram Shop Claim – A Missouri dram shop claim is 5 years under a negligence claim or three years for a wrongful death claim. Generally, the Missouri dram shop law provides that any commercial establishment that is licensed to sell intoxicating liquor to be consumed on the premises may be liable for injuries caused by a person whom they over served who was “visibly intoxicated” while being served.

Product liability claim – In Missouri, the statute of limitations for product liability claims is 5 years. Product liability is the legal liability of a manufacturer or trader that they incur for producing or selling a faulty product. The product liability can be based on defective design (products inherently dangerous or missing safeguards), hidden defects, failure to warn, malfunctions, or defective processes. Examples of some of the largest product liability cases include the Phillip Morris tobacco products case (failure to warn), General Motors for gas tank explosions, Dow Corning Silicone Breast Implants (defective product), and asbestos building materials.

Premises liability claim – The statute of limitations for premise liability claims in Missouri is 5 years. Premises liability claims hold property owners accountable for injuries suffered by individuals who suffered injuries on the property. These claims commonly refer to one of the following case types:

• Slip and fall: 5 years from the date of the accident. For more information regarding about the deadline, exceptions, and additional legal considerations, see Missouri slip and fall statute of limitations.
• Dog bite & animal attacks: 5 years from the date of the attack. For more information regarding about the deadline, exceptions, and additional legal considerations, see Missouri dog bite laws.

Medical malpractice claim – The Missouri statute of limitations for medical malpractice is 2 years. Medical malpractice is a specific subset of tort law that deals with professional negligence and is defined as any act or omission by a physician during treatment of a patient that deviates from accepted norms of practice in the medical community and causes an injury to the patient.

Workers’ Compensation – In Missouri, the statute of limitations for workers’ compensation claims is 2 years. The workers’ comp statute applies to individuals who have suffered injuries while on the job, and deadlines can be extended for a number of reasons depending on the circumstances of how the claim was (or was not) reported.