The weeks and months that follow a serious and unexpected injury are always stressful. Depending on the nature of your injuries, you may need to arrange childcare, find a new means of transportation, attend physical therapy, and hire a housekeeper.
With so much on your plate, it’s not easy to focus on legal concerns, but putting off your claim could prove costly. There are strict deadlines for filing personal injury lawsuits in the state of Missouri, and if you miss that deadline, your case will most likely be dismissed.
The personal injury attorneys at Gump & Faiella will make sure you meet all relevant deadlines and avoid critical mistakes during the claims process. Our accident lawyers have more than 90 years of combined experience practicing law. Call 800-264-3455 to schedule a free case evaluation with an accident lawyer in Missouri.
Deadlines for Filing Personal Injury Lawsuits in Missouri
Pursuant to Section 516.120 of the Missouri Revised Statutes, personal injury claimants usually have five years from the date of injury to file a formal lawsuit. That may seem like a considerable amount of time, but there are a few exceptions to this statute of limitations.
Additionally, insurance claims that you file prior to a lawsuit have no bearing on the timeline. That means if lengthy delays or contentious negotiations ensue during the claims process, you could run out of time to file a suit should you fail to reach a fair settlement.
Also, even if you bring your lawsuit within a few months of your accident, important evidence may be altered or become unavailable. It is therefore best that you consult an attorney and initiate the claims process as soon as possible.
Exceptions to Missouri’s Statute of Limitations for Personal Injury Claims
The five-year statute of limitations typically applies to accident victims who want to hold a private party liable for negligence. However, in cases involving intentional torts, such as assault and battery, claimants have just two years to file a formal lawsuit. Other exceptions apply to medical malpractice cases, which have a two-year deadline, and wrongful death claims, which have a three-year deadline.
If none of the above exceptions applies to your situation but you want to name a government entity in the suit, you have even less time to begin the legal proceedings. Injury claims against city or state employees or agencies have a strict notification deadline of just 90 days. That means if you fail to provide notice of the intent to file within three months, you could lose the opportunity to recover any compensation whatsoever.
Discuss Your Case with a Missouri Personal Injury Attorney Today!
The compassionate accident lawyers at Gump & Faiella provide tenacious legal representation to clients in Columbia, Moberly, and throughout Missouri. We have recovered more than $250 million for our clients. Call 800-264-3455 or fill out our Contact Form to schedule a free consultation with a personal injury lawyer.