After a car crash, an injured party may have legal claims against parties responsible for causing the accident or liable for the resulting losses. However, a person who suffers injuries in a car accident in Missouri has a limited time to file lawsuits against those at fault for the crash or liable for the injured person’s losses. This deadline, known as the statute of limitations, requires car accident victims to bring their claims within a certain timeframe after the accident.
What Is the Statute of Limitations?
The statute of limitations imposes a deadline for a party with a legal claim to file a lawsuit to pursue that claim. The statute of limitations usually begins to run on the date that a party’s claim accrues – for car accident claims, usually the date of the accident. Statutes of limitations encourage parties to file their claims soon after they accrue, helping avoid complications in legal claims such as the loss of evidence or fading witness memories.
Different Deadlines for Different Types of Claims
In Missouri, different statutes of limitations apply to different kinds of legal claims arising from a car accident. For personal injury and property damage claims, an accident victim typically has five years from the date of a crash to file a lawsuit against an at-fault driver or other liable parties. However, when a car accident causes fatal injuries for a victim, their surviving family members have three years from the victim’s death to file a wrongful death lawsuit. The different types of legal claims arising from a car accident will determine the applicable limitations period and when the statute of limitations begins to run for that claim.
Exceptions That Can Change the Deadline for Car Accident Claims
Various legal doctrines can affect the time a claimant has to file a lawsuit following a car accident in Missouri. For example, the discovery rule can delay the start of the limitations period, such as after a hit-and-run accident in which the crash victim does not promptly discover the identity of the fleeing driver. Courts may also pause the statute of limitations for periods when a defendant leaves the state. Missouri law also pauses the statute of limitations for minors until they turn 21, potentially giving them until their 26th birthday to file a car accident lawsuit.
However, car accident claims against local, state, or federal government agencies have shorter claim deadlines, as state and federal laws require car accident claimants to file notice of their claims with the appropriate government agencies, sometimes within as few as 90 days following a crash.
What Happens If the Statute of Limitations Expires?
When a person files a car accident claim or lawsuit after the statute of limitations or another applicable notice deadline expires, the defendant or defendants in the case can file a motion to dismiss the claim as untimely filed. Should the court determine that a car accident victim filed an untimely claim, it will typically dismiss the case, regardless of the merits of the claim. As a result, an injured car crash victim may lose the opportunity to recover compensation from those responsible for the accident and the resulting injuries.
Contact Our Car Accident Attorneys Today
Have you suffered injuries in a car accident that occurred due to someone else’s negligence or recklessness? If so, you may have a compensation claim. However, the law limits the amount of time you have to file your claim. Contact Dreyer & Tinney Law Firm today for a free, no-obligation consultation with a car accident lawyer to learn more about the applicable deadlines for your claim to preserve your right to pursue compensation for injuries and losses you sustained in a crash in Missouri.