How Long After an Accident Can You Sue in St. Louis, Missouri?

How long after an accident can you sue? Typically, this isn’t one of the first questions to cross your mind after getting in a motor vehicle collision. However, it’s an important question that can significantly impact your ability to seek compensation for your injuries. The amount of time you have to file a lawsuit after an accident in St. Louis, Missouri, comes from the statutes of limitations, and understanding these statutes can be the difference between receiving compensation and not.

Missouri’s Statute of Limitations for Car Accident Injury Lawsuits

Missouri’s general statute of limitations for filing personal injury lawsuits, including those arising from car accidents, gives victims five years from the accident date. This is a very generous period compared to many other states, which only give victims two or three years to file their lawsuits.

However, if you fail to file your lawsuit within this period, you will likely be unable to recover compensation for your injuries. When you file a lawsuit after the deadline expires, the defendant can file a motion with the court to have your case dismissed, and the courts will usually do so unless your case falls under one of the narrow exceptions.

Missouri is an at-fault state for auto insurance. That means you typically file a claim for your accident-related losses with the at-fault party’s liability insurance provider. Although the statute of limitations does not apply to insurance claims, you should file your claim with the insurer as early as possible so they cannot deny it because you didn’t file the claim in a timely manner.

Missouri’s Statute of Limitations for Wrongful Death

If your loved one passed away due to injuries suffered in a St. Louis car accident, there is a separate statute of limitations outlining how much time you have to file a wrongful death lawsuit. The deadline for filing these lawsuits is only three years after the accident date.

Wrongful death lawsuits allow family members to recover compensation for the loss of their loved ones caused by another party. Compensation from these lawsuits is like that sought through personal injury lawsuits, such as compensation for medical expenses and loss of future income. In a wrongful death lawsuit, you can also seek compensation for funeral and burial costs and loss of companionship.

Additional Deadlines When Suing a Government Entity

Various parties can be liable for a car accident. The parties most commonly held liable for car accident injuries are other motorists. Distracted, intoxicated, fatigued, and aggressive drivers can all be liable for injuries caused by their actions. However, one type of party that many victims don’t realize may be liable for their injuries is government entities.

Government entities are responsible for maintaining public roads and can be liable for injuries caused by poor road maintenance. If large potholes, faded road lines, or missing traffic signs and signals contributed to the crash that injured you, the government may be liable.

Unfortunately, to sue the government, there is an additional hoop victims must jump through. Before you can file your lawsuit, you must file a notice of claim. This document will outline the incident, your injuries, the damages you’re seeking, and why the government should be liable. You have 90 days to file this notice. If you miss the deadline, you’ll be barred from filing suit against the government.

Exceptions to Missouri’s Statute of Limitations

There are a few exceptions to Missouri’s statute of limitations for car accident lawsuits that may apply to your case:

• Injured Minors – If you were under 21 when the incident occurred, the time limit for filing your lawsuit or insurance claim does not begin counting down until your 21st birthday. This effectively means that those injured as minors have until their 26th birthday to file their lawsuits.
• Mental Incapacity – Temporary mental incapacity also extends the deadline for filing your lawsuit until you have recovered from your condition. For example, if you are in a coma for six months after the crash, the time limit for filing your lawsuit doesn’t begin counting down until you recover to the point that you are mentally capable.
• Discovery Rule – If you are not immediately aware that you are the victim of a personal injury, the time limit does not begin counting down until you become aware or should have become aware. For example, you may feel fine immediately after a rear-end collision but only begin noticing back and neck pain weeks later. In that case, your time limit begins when you realize or should have realized your injuries were caused by the accident.
• Out-of-State Defendant – The final exception to the statute of limitations is when the defendant is out-of-state. This exception is in place so a defendant cannot flee Missouri to avoid a lawsuit. As long as the defendant is out of state, the time limit is paused.

Why You Should Consult a Lawyer as Soon as Possible

Consulting a lawyer immediately is important so you can file your lawsuit within the state’s deadline. However, acting fast is also vital because evidence doesn’t last forever.

The earlier you contact a lawyer, the earlier they can begin gathering evidence and building your case. If you wait too long, it can be harder for your lawyer to track down eyewitnesses and get traffic camera footage and photographs of the scene.

For these reasons, it’s essential that you get a lawyer to begin working on your case right away.

Contact Our St. Louis, Missouri, Car Accident Lawyers

If you were injured in a car accident in St. Louis, Missouri, contact Goldblatt + Singer at (314) 231-4100. You’ll get a free consultation with an experienced car accident lawyer. During your initial consultation, we’ll review your case. We’ll also explain your options for seeking the compensation you deserve and the deadlines that apply to your case. Don’t wait; take the first step toward recovery today.