Missouri law sets a time limit for filing car accident lawsuits, known as the statutes of limitations. Missing this deadline can prevent you from pursuing compensation through the courts, even if another driver was clearly responsible for the crash.
If you were involved in a car accident in Missouri, you generally have five years from the date of the crash to file a car accident lawsuit. However, if the accident resulted in someone’s death, the law provides a three-year window for certain surviving family members or other eligible parties to file a wrongful death lawsuit.
Other factors may also change the deadline that applies. For instance, claims involving a government entity may be subject to different requirements than a claim against a private individual or company. Additionally, Missouri law provides for tolling or pausing the statute of limitations in certain circumstances.
Why early action matters after a crash
Five years may sound like plenty of time, but waiting too long to address your claim can make it harder to build a strong case. Evidence from the crash may become more difficult to obtain, witnesses may be harder to locate and memories of what happened can fade.
Acting early can also give you more time to work toward a settlement with the insurance company or the at-fault party. Many car accident claims are resolved through negotiations without the need for a trial. However, settlement discussions do not automatically stop the statute of limitations from running. Even if an insurer is reviewing your claim or discussing a potential settlement, you may still need to file a lawsuit before the applicable deadline to preserve your right to seek compensation in court.
Seeking professional legal guidance after a car accident in Missouri can help you understand how the law applies to your situation and what steps may help protect your right to compensation. This can help you avoid costly mistakes while improving the chances of a desirable outcome.