What is the Statute of Limitations for Personal Injury in Missouri?

Full question:

We have a 18 yoa male who is being sued for 20,000 for an alledged injury resulting from an accident that occured in 2008 in which stated 18year old did pull from park and did strike the vehicle of which the person suing was driving. What is the statute of limitations for this? Tha police report stated no injuries were noted nor requested at the time of the accident and no citation was issed.

  • Category: Civil Actions
  • Subcategory: Limitations
  • Date:
  • State: Missouri

Answer:

Missouri statute of limitations for personal injury and for property damage is 5 years. In some instances, a statute of limitations can be extended ("tolled") based on delay in discovery of the injury or fraud. It does not refer to discovery delayed by the acts of the one raising the defense.

Please see the following MO statute

516.120. What actions within five years. —
Within five years:
(1) All actions upon contracts, obligations or liabilities, express or implied, except those mentioned in section 516.110, and except upon judgments or decrees of a court of record, and except where a different time is herein limited;
(2) An action upon a liability created by a statute other than a penalty or forfeiture;
(3) An action for trespass on real estate;
(4) An action for taking, detaining or injuring any goods or chattels, including actions for the recovery of specific personal property, or for any other injury to the person or rights of another, not arising on contract and not herein otherwise enumerated;
(5) An action for relief on the ground of fraud, the cause of action in such case to be deemed not to have accrued until the discovery by the aggrieved party, at any time within ten years, of the facts constituting the fraud.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In most cases, the statute of limitations for personal injury claims in Missouri is five years. This means that you generally cannot be sued for an injury claim after this time period has passed. However, there are exceptions that may apply in specific circumstances, such as cases involving fraud or where the injury was not immediately discoverable. Always consult with a legal professional for guidance on your specific situation. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*