Personal Injury Law

Missouri Law ? Statute of Limitations

By Ryan Bradley, Esq.

When someone is considering taking legal action for a personal injury they received, one of the issues that must first be examined is the statute of limitations that applies to their case.

A statute of limitations is essentially a time limit in which legal action must be taken after some wrongful or negligent conduct causes injury. Once this time limit has passed, the injured party forfeits their right to pursue damages.

The length of the statutory period varies from situation to situation. For injuries resulting from negligent conduct, injuries to personal property, and product liability cases the period is typically 5 years. Medical malpractice and intentionally caused injuries have a shorter statutory period of 2 years. Since several statutes could apply and some cases may have special exceptions, it is wise for any injured party to contact a personal injury attorney as soon as possible.

For personal injury cases the statutory period usually starts on the day of the injury. Exceptions may be made in situations where the victim is incapable of pursuing legal counsel such as cases where the injured person is a minor or mentally incapacitated. In these situations the statutory period is placed on hold, or ?tolled,? until such a time as the victim becomes capable of filing suit.

This is by no means an exhaustive explanation of Missouri?s statute of limitations. Laws are constantly changing and every state has their own statute of limitation laws. For a more thorough examination of your case and the statute of limitations that apply, you should contact an experienced Missouri personal injury lawyer.

Full post as published by Missouri Accident Lawyer Blog on October 17, 2008 (boomark / email).