What is the statute of limitations for a personal injury claim 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:

The statute of limitations for personal injury and property damage claims in Missouri is five years. This means that a lawsuit must be filed within five years of the incident. There are some situations where this time limit can be extended, known as 'tolling,' but this typically applies to cases where the injury was not discovered right away or in cases of fraud. However, it does not include delays caused by the actions of the person raising the defense.

According to Missouri law (Mo. Stat. § 516.120), all actions upon contracts, liabilities, or injuries to persons or property must be initiated within five years, unless specified otherwise. Given that the accident occurred in 2008, if the lawsuit was filed after 2013, it may be barred by the statute of limitations.

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.*