Missouri statute of limitations · Personal injury
Missouri statute of limitations for personal injury: how long you have to sue
In Missouri, you have five years to file a lawsuit for most injuries caused by someone’s carelessness. Some claims have shorter deadlines: two years for medical mistakes, three years for wrongful death, and two years for assault or battery. If you miss your deadline, you usually lose the right to sue.
What a statute of limitations is
A statute of limitations is a deadline to file a lawsuit. Every kind of claim has one. The deadline is set by law, not by the insurance company or the court.
If you file after the deadline, the other side can ask the court to throw out your case. The court almost always will. It does not matter how badly you were hurt or how clear the other person’s fault was.
That is why the deadline is the first thing a lawyer checks.
Five years for most injuries
Most injury claims in Missouri come from carelessness. The law calls this negligence. Think of a car crash, a fall on a wet floor, a dog bite, or an unsafe product.
For these claims, Missouri gives you five years to file (RSMo § 516.120).
5 years
Your deadline to file a lawsuit in Missouri for most injuries caused by carelessness.
Five years sounds like a lot of time. But proof disappears much faster. Cars get repaired. Store videos get erased. Witnesses move away. The deadline is the last possible day, not a good plan. The sooner you act, the more proof you can save.
Shorter deadlines you need to know
Some claims have shorter deadlines. If one of these fits your case, the shorter deadline wins.
MEDICAL MISTAKES: 2 YEARS
Claims against doctors, hospitals, nurses, dentists and other health care providers must be filed within two years of the mistake (RSMo § 516.105).
There are two narrow exceptions. If something was left inside your body during a procedure, the two years start when you found it or should have found it. The same is true if a provider failed to tell you your test results.
Children under 18 have until their twentieth birthday. There is also an outside limit of ten years from the mistake in most cases.
WRONGFUL DEATH: 3 YEARS
When someone dies because of another person’s fault, the family has three years to file (RSMo § 537.100). See our guide on who can sue for wrongful death.
ASSAULT, BATTERY AND DEFAMATION: 2 YEARS
Claims for assault, battery, false imprisonment, libel and slander have two years (RSMo § 516.140). So if someone hit you on purpose, you have two years, not five.
When the clock starts
In most cases, the clock starts the day you are hurt. A car crash is a good example. You are hurt and you know it right away.
Sometimes harm shows up later. Missouri law says the clock starts when the harm happens and can be discovered (RSMo § 516.100). When that was can be a real question. A court looks at the facts.
Fraud works a little differently. The clock does not start until you discover the facts of the fraud, within a ten-year window. That rule matters in fraud claims.
Children and people who cannot manage their own affairs
Missouri pauses most deadlines for anyone who was under 21 when they were hurt. It also pauses them for someone with a serious mental disability (RSMo § 516.170).
For a child hurt in a crash, the five years usually do not start until the child turns 21.
Medical mistake claims are different. For those, children follow the special rule above: they have until their twentieth birthday.
Parents, take note. Your child’s deadline may be paused, but yours may not be. If you paid your child’s medical bills, your own claim for those bills may run on its own clock. Do not wait.
Other deadlines that can matter
- Most contract claims have five years. Claims on a written promise to pay money have ten years. See breach of contract.
- Claims against the federal government follow their own rules and deadlines. See the Federal Tort Claims Act page.
- Filing on time is not always enough. In medical and wrongful death cases, if the other side is served after the deadline has passed, it must happen within 180 days of filing. Otherwise the court must dismiss the case against that person.
What to do now
- Write down the date you were hurt.
- Write down the date you first knew something was wrong, if that was later.
- Gather any papers you have: reports, bills, letters from insurers.
- Talk with a lawyer well before your deadline. Building a case takes time.
Our case timeline guide shows what happens between your first call and a filed lawsuit.
Common questions
How long do I have to sue after a car accident in Missouri?
For most injury claims, five years. If the crash caused a death, the family has three years. See our car accident page.
Does talking to the insurance company stop the clock?
No. The deadline keeps running while you negotiate. Read talking to insurance adjusters.
How long does a child have to sue in Missouri?
For most claims, the clock starts when the child turns 21. Medical mistake claims follow a different rule. See our personal injury page.
What is the deadline for a medical mistake?
Usually two years from the mistake, with a few exceptions. Contact the office to go over your dates.
What is the deadline for a wrongful death case?
Three years. See our wrongful death page.
Related reading
- Who can sue for wrongful death in Missouri
- How long a personal injury case takes
- Personal injury help
- Claims against the federal government
Not sure about your deadline?
Tell us the date you were hurt and what happened. Injury consultations are free.
4477 Woodson Rd
St. Louis, MO 63134
The choice of a lawyer is an important decision and should not be based solely upon advertisements. This page is general information, not legal advice, and reading it or contacting the office does not create an attorney-client relationship.
Sources
- Mo. Rev. Stat. § 516.120. Missouri Revisor of Statutes
- Mo. Rev. Stat. § 516.105. Missouri Revisor of Statutes
- Mo. Rev. Stat. § 537.100. Missouri Revisor of Statutes
- Mo. Rev. Stat. § 516.140. Missouri Revisor of Statutes
- Mo. Rev. Stat. § 516.100. Missouri Revisor of Statutes
- Mo. Rev. Stat. § 516.170. Missouri Revisor of Statutes
- Mo. Rev. Stat. § 516.110. Missouri Revisor of Statutes