Deadlines to File an Injury Lawsuit in Missouri
How long you have to sue in Missouri for an injury, property damage, medical malpractice or wrongful death, and the shorter deadline for claims against the government.
Short answer: Five years. Actions for "any other injury to the person or rights of another, not arising on contract" and not otherwise listed must be filed within five years. Mo. Rev. Stat. § 516.120(4)
| Deadline to sue for an injury | Five years. Actions for "any other injury to the person or rights of another, not arising on contract" and not otherwise listed must be filed within five years. Some injury claims have shorter periods under other sections (for example, medical malpractice, two years; wrongful death, three years). Source: Mo. Rev. Stat. § 516.120(4) |
|---|---|
| Deadline to sue for property damage | Five years for taking, detaining or injuring goods or personal property. Source: Mo. Rev. Stat. § 516.120(4) |
| Medical malpractice deadline | Two years from the date of the negligent act. Exceptions: for a foreign object left in the body or a negligent failure to report medical test results, two years from when the problem was or should have been discovered; a minor has until age 20. In no event may a malpractice action be filed more than ten years after the act, or two years after a minor's 18th birthday, whichever is later. Source: Mo. Rev. Stat. § 516.105 |
| Wrongful death deadline | Three years after the cause of action accrues. Time when a defendant is absent from the state does not count, and a plaintiff whose timely case ends in a nonsuit may refile within one year. Source: Mo. Rev. Stat. § 537.100 |
| Suing the government | Missouri keeps sovereign immunity except as waived. Immunity is waived for injuries from public employees' negligent operation of motor vehicles and from dangerous conditions of public property, and to the extent of insurance or self-insurance purchased. Liability is limited to base amounts of $300,000 per person and $2,000,000 per occurrence, adjusted annually for inflation (current values published in the Missouri Register), with no punitive damages. For injuries from a defective street, sidewalk or bridge in a third- or fourth-class city, written notice must be given to the mayor within 90 days. Waivers: https://revisor.mo.gov/main/OneSection.aspx?section=537.600 ; city notice: https://revisor.mo.gov/main/OneSection.aspx?section=77.600 |
More Missouri personal injury & wrongful death
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- Medical Malpractice Rules in Missouri
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- Sidewalk and Public Property Falls in Missouri
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FAQ
What is the statute of limitations for personal injury in Missouri?
Five years. Actions for "any other injury to the person or rights of another, not arising on contract" and not otherwise listed must be filed within five years.
How long do you have to sue for property damage in Missouri?
Five years for taking, detaining or injuring goods or personal property.
What is the statute of limitations for medical malpractice in Missouri?
Two years from the date of the negligent act. Exceptions: for a foreign object left in the body or a negligent failure to report medical test results, two years from when the problem was or should have been discovered; a minor has until age 20. In no event may a malpractice action be filed more than ten years after the act, or two years after a minor's 18th birthday, whichever is later.
How long do you have to file a wrongful death lawsuit in Missouri?
Three years after the cause of action accrues. Time when a defendant is absent from the state does not count, and a plaintiff whose timely case ends in a nonsuit may refile within one year.
How do you file an injury claim against the government in Missouri?
Missouri keeps sovereign immunity except as waived. Immunity is waived for injuries from public employees' negligent operation of motor vehicles and from dangerous conditions of public property, and to the extent of insurance or self-insurance purchased. Liability is limited to base amounts of $300,000 per person and $2,000,000 per occurrence, adjusted annually for inflation (current values published in the Missouri Register), with no punitive damages. For injuries from a defective street, sidewalk or bridge in a third- or fourth-class city, written notice must be given to the mayor within 90 days.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.