Understanding the Statute of Limitations in Personal Injury Cases

When it comes to personal injury cases, one crucial legal concept to understand is the statute of limitations. This term refers to the time limit you have to file a lawsuit after being injured. If you miss this deadline, you may lose your right to seek compensation entirely. The statute of limitations differs for each case and each state where the case happens. 

General Personal Injury Cases

In personal injury cases, the statute of limitations varies by state. For example, in Missouri, the statute of limitations for most personal injury claims is five years from the date of the injury. This means you have five years to file a lawsuit against the party responsible for your injury.

Consider this scenario: You are injured in a car accident caused by another driver’s negligence. From the day of the accident, the clock starts ticking. If you try to file a lawsuit six years later, the court will likely dismiss your case because it is outside the five-year statute of limitations.

Medical Malpractice Cases

Medical malpractice cases often have different statutes of limitations. In Missouri, you generally have two years from the date of the negligent act to file a medical malpractice lawsuit. However, if the malpractice involved a foreign object left in the body, the statute of limitations may extend to two years from the date of discovery.

Birth Injury Cases

Birth injury cases can be complex, especially when it comes to the rules about how long you have to file a claim in Missouri. Generally, you have until the child turns 20 years old to file a birth injury claim (18 years plus an extra 2 years after they become an adult).

If you're dealing with a case against a healthcare provider, the clock usually starts ticking from the time the negligent act happened. However, this time limit can sometimes be extended if the negligent treatment continues over time.

It's also important to know that parents have their own set of rules. They have two years to file a claim for medical bills and loss of services because they're responsible for their child's medical expenses until the child turns 18. So, both the child and the parents might have claims to file.

Slip and Fall Cases

For slip and fall cases, the statute of limitations in Missouri is typically five years from the date of the incident. This time frame gives you ample opportunity to pursue legal action against the property owner or responsible party.

To ensure you know the exact statute of limitations of your case, call a local attorney in your area. Understanding the statute of limitations is vital to protecting your legal rights. If you’ve been injured and are unsure about your timeline, it’s essential to consult with an experienced attorney who can provide guidance specific to your situation. 

At J. Tolin Law, we are here to help you navigate these complexities and ensure you don’t miss your opportunity for justice. Call to schedule an appointment as soon as today directly to our lawyer Josh Tolin.