In the realm of legal matters, time is of the essence. Nowhere is this more apparent than in slip and fall cases in the state of Missouri. It’s crucial to have a firm grasp of the statute of limitations, a legal concept that defines the time window within which individuals can file a claim against negligent property owners or managers. If you miss that window, your claim will fail, and you will be left without the damages you are entitled to.
The Foundation: Statute of Limitations
The statute of limitations is the cornerstone of any legal case and slip and fall claims in Missouri are no exception. The statute of limitations outlines the specific timeframe within which individuals must initiate a claim after experiencing an injury. Slip and fall cases are typically subject to a statute of limitations of five years, commencing from the date of the injury. It is important to know the date you were injured and seek help before the five-year deadline to preserve your claim.
Variations in Statute of Limitations
While the general statute of limitations for slip and fall claims is five years, exceptions exist based on the circumstances of the incident and the parties involved. In Missouri, negligence claims encompass a wide range of situations, including injuries from slips, trips, and falls, dog bites, motor vehicle accidents, and various acts or omissions by individuals or businesses. For these cases, the standard statute of limitations remains at five years from the date of injury.
However, if the slip and fall incident tragically results in the death of the injured party, the statute of limitations changes. In such instances, the family of the deceased has the right to file a wrongful death claim against the defendant, with a statute of limitations reduced to three years.
It’s important to note that if an individual is injured due to negligence but passes away from unrelated causes, their original five-year statute of limitations remains intact. To pursue the negligence claim, an estate must be filed within 6 months from the initial publication of the executor appointment notice.
Special Considerations for Municipal Defendants
In cases where the defendant is a city or city entity, the standard statute of limitations applies. However, injured parties must provide the relevant municipal entity with a 90-day notice specifying the details of the injury and their intent to seek damages. Common examples of negligence involving municipal defendants include accidents on city sidewalks, car crashes during police pursuits, and hazards in public transportation.
Time is of the Essence – Contact Dreyer & Tinney Today
Understanding the statute of limitations for slip and fall cases in Missouri is pivotal. It ensures that individuals not only meet the deadline for filing claims but also navigate the intricate legal landscape that surrounds these incidents. If you or a loved one has experienced a slip and fall accident, seeking timely legal counsel is the first step toward securing the justice and compensation you rightfully deserve.Call the personal injury attorneys at Dreyer & Tinney today at (417) 782-6822 or fill out our contact form for a free legal consultation about your case.