What Is the Statute of Limitations for Personal Injury Cases?

A statute of limitations is a crucial legal concept that determines the timeframe within which someone can file a lawsuit after suffering an injury or sickness due to another person's negligence. In Missouri, as in other states, these limitations vary depending on the type of claim you're filing. As your Kansas City personal injury attorneys, here's what you need to know about the personal injury statute of limitations for your case.

What Is the Statute of Limitations for Personal Injury Cases in Missouri?

In Missouri, the statute of limitations for personal injury cases is generally five years, according to the Missouri Senate. This means that people who have suffered injuries due to the actions or negligence of another party must file their lawsuit within five years from the date of the injury. This timeline is outlined in Missouri Revised Statutes Section 516.120, which governs the limitations period for personal injury actions.

At the law offices of SJP Sifers Jensen Palmer, we not only service those in Missouri but also in Kansas. Because of this, it's crucial to know that Kansas has a significantly different statute of limitations. As NOLO reports, Kansas' statute of limitations for personal injury cases is typically two years rather than five. That said, if you're in need of personal injury attorneys to help you file your claim within that timeframe, don't hesitate to reach out to our lawyers at SJP Sifers Jensen Palmer today.

Understanding the 5-Year Limitation

The five-year statute of limitations in Missouri provides a reasonable timeframe for individuals to assess their injuries, seek medical treatment, and determine whether they wish to pursue legal action. It also allows for the gathering of evidence and preparation of a case without undue hast, while guaranteeing that claims are brought within a reasonable period after the injury occurs.

Calculation of the Limitation Period

The start date of the statute of limitations period in both Missouri and Kansas typically begins on the date of the injury or accident that caused the injury. In cases where injuries are not immediately apparent (such as in cases of latent injuries or medical conditions that develop over time), the statute of limitations may start from the date when the injury is discovered or reasonably should have been discovered.

Exceptions and Pausing of the Statute of Limitations

While the general rule in Missouri is a five-year statute of limitations for personal injury cases, there are certain exceptions and circumstances that may affect this timeline.

Minority Age

If the injured party is a minor (under the age of 18) at the time of the injury, the statute of limitations may be paused until they reach the age of majority (18 years old). This means that the five-year period would typically begin to run from the injured person's 18th birthday. This exception gives minors an opportunity to pursue legal action once they are legally able to do so.

Mental Incapacity

If the injured person is mentally incapacitated at the time of the injury and remains incapacitated, the statute of limitations may be paused until they regain capacity. This exception recognizes that individuals who are unable to understand their legal rights or make decisions due to mental incapacity shouldn't be penalized by the statute of limitations.

Government Entities

Claims against government entities in Missouri may have shorter notice periods and different filing requirements compared to claims against private individuals or entities. Before filing a lawsuit against a government entity in Missouri, you typically need to provide a written notice of claim to the entity.

The notice of claim generally needs to be filed within 90 days from the date of the injury or incident that gave rise to the claim. This is a relatively short timeframe compared to the five-year statute of limitations for claims against private individuals. After filing the notice of claim, there's usually a separate statute of limitations for filing the actual lawsuit against the government entity. In Missouri, this statute of limitations is often one year from the date of the injury or incident.

The notice of claim serves as a formal notification to the government entity that you intend to file a lawsuit. It must typically include details such as the nature of the claim, the circumstances surrounding the injury or incident, and the damages sought.

After receiving the notice of claim, the government entity may investigate the claim and potentially enter into negotiations for settlement. Some claims may be resolved through this process without the need for litigation. If a resolution isn't reached through negotiation, you need to file your lawsuit within one year from the date of the injury or incident. Failing to file within this timeframe can result in the loss of your right to pursue legal action against the government entity.

In Kansas, the notice of claim generally needs to be filed within 120 days from the date of the injury or incident. However, like Missouri, you must file your lawsuit within one year from the date of the injury if a resolution hasn't been reached before then.

If you're pursuing legal action against a government agency due to an injury or illness you suffered, our personal injury attorneys at the law offices of SJP Sifers Jensen Palmer can help. Contact us today to get started.

Why Is It Important to File as Soon as Possible?

As we've mentioned, it's essential to file your personal injury claim within the set statute of limitations. This is because, if more than five years have passed (or two in Kansas' case) since the date of your injury or the incident, you'll no longer be able to file a lawsuit against the other party responsible for that incident. As a result, you won't be able to receive compensation to help pay for medical costs or damages related to the accident.

However, in addition to the statute of limitations, there are a few other key reasons why we recommend you file a lawsuit as soon as possible as your personal injury attorneys.

Preservation of Evidence

Over time, evidence related to your injury and the circumstances surrounding it can deteriorate or become harder to obtain. Prompt action guarantees that crucial pieces of evidence like witness statements, photographs of the scene, medical records, and physical evidence (like damaged property or defective products) can be gathered and preserved before they can be lost or altered.

Timely Investigation

Early filing allows for a timely investigation into the circumstances of your injury. This includes gathering witness statements, obtaining accident reports, and securing expert opinions if necessary. The sooner this investigation begins, the fresher the details are in everyone's memory, which can strengthen your case.

Medical Treatment and Documentation

Seeking prompt medical attention not only guarantees that you receive the necessary care but also creates a direct link between your injuries and the accident or incident. Medical records and reports are critical evidence in personal injury claims, and documenting your injuries and treatment early establishes a clear timeline of your medical condition.

Timely Compensation

The sooner you file your claim and begin the legal process, the sooner you may receive compensation for your injuries and losses. Personal injury claims can take time to resolve, and delays in filing can further prolong the process of obtaining financial relief for medical bills, lost wages, and other damages.

Legal Protection

Consulting with personal injury attorneys early allows you to understand your legal rights and options. Our attorneys can advise you on the best course of action, negotiate with insurance companies on your behalf, and handle legal procedures while you focus on your recovery.

Contact a Personal Injury Lawyer Today

Understanding the nuances of the personal injury statute of limitations, including exceptions and pausing provisions, is essential for anyone contemplating legal action for personal injuries in Missouri or Kansas. By consulting with experienced legal professionals and taking prompt action, you can tackle the legal process effectively and seek the compensation you deserve for your injuries.

If you're looking for experienced personal injury attorneys in Kansas City, MO, look no further than our legal team at SJP Sifers Jensen Palmer. We provide services in Springfield, MO; Kansas City, MO; and Kansas City Metropolitan Area, KS. Contact us today to schedule a consultation with us.