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If you’ve been injured in an incident that qualifies as a personal injury, you have the right to file a claim to seek compensation. However, you must file this claim within your state’s imposed time limit—also known as the statute of limitations. It’s imperative that you learn the basics about the statute of limitations to avoid having your case dismissed by the court.

What Is the Statute of Limitations?

This is a legal rule that states that lawsuits stemming from injuries or accidents should be filed within a set time limit. Otherwise, the plaintiff faces the possibility of losing the right to sue forever. The statute of limitations depends on a state’s laws, but the time frame generally ranges from one year to six years. Some states also have different time limits for different types of claims in a personal injury lawsuit.

The statute of limitations is imposed to provide defendants enough time to resolve personal injury lawsuits. It also prevents the plaintiff from threatening the defendant with a lawsuit indefinitely and promotes the efficiency of the legal process. Also, the statute of limitations helps maintain the soundness of testimonies and evidence.

How Does It Affect a Personal Injury Case?

personal injuryIn Missouri, the deadline for filing a personal injury claim in a civil court is usually five years, beginning from the date the injury happened. If you try to file your lawsuit beyond the statute of limitations, the defendant will most likely file a motion for dismissal.

Take note that there is the “Discovery Rule” exception that allows the extension of the deadline. The rule comes into play when the injured person wasn’t immediately aware they were injured or didn’t know that the defendant was responsible for the injury. In these cases, the statute of limitations is imposed starting from the date the plaintiff became aware of the injury.

Deadline extensions in Missouri also apply when the plaintiff is under 21 years old, disabled, or mentally incapacitated. If the defendant leaves the state, the clock stops and resumes once they come back to Missouri. On the other hand, you only have 90 days to file your personal injury claim against a government employee or agency. Consult with a lawyer to discuss how the statute of limitations can affect your case.

 

To understand more about Missouri’s statute of limitations for your personal injury case, contact Coyne, Cundiff & Hillemann, P.C. in Lake St. Louis, MO. Their skilled and knowledgeable lawyers will aggressively represent you, whether you are facing legal issues for a DUI or other personal injury case. Visit them online today or call (636) 561-5599 to schedule a free consultation.

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