How Long Do I Have To File An Injury Claim In Missouri?
In Missouri, most personal injury lawsuits must be filed within five (5) years.
If you’re injured and unsure what deadline applies, call Sansone & Lauber now at 314-863-0500—because waiting hurts your case, and the sooner you call, the sooner the firm can start protecting you.
The simple Missouri deadline chart
Here are the deadlines that matter most in real accident and injury cases:
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Most injury cases (car, truck, pedestrian, slip-and-fall): 5 years
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Wrongful death: 3 years
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Medical malpractice: 2 years (with specific exceptions)
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Workers’ compensation (hurt at work): 2 years (may extend to 3 years in certain reporting situations)
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Injury caused by a dangerous city street/sidewalk defect (large cities): written notice to the mayor within 90 days may be required
Don’t guess. If you pick the wrong deadline, the insurance company wins on a technicality.
Call Sansone & Lauber at 314-863-0500 today.
“Filing an injury claim” vs. “filing a lawsuit” (the #1 confusion)
People say “claim” when they mean two different things:
1) Insurance claim
You report the accident to an insurance company and negotiate.
2) Lawsuit (court filing)
This is the real legal deadline in most situations.
Important: Insurance negotiations usually do not stop the lawsuit deadline from running. If you wait too long, you can lose your right to recover—no matter how strong the case is.
If the adjuster is calling, pushing paperwork, or offering a quick check, call Sansone & Lauber at 314-863-0500 before you sign anything.
The general rule: most Missouri injury cases are 5 years
Missouri’s five-year limitations statute commonly applies to personal injury claims not governed by a different statute.
Common high-volume “5-year” cases in St. Louis
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Car accident injuries
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Truck accident injuries
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Pedestrian injuries
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Motorcycle crashes
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Slip and fall injuries (stores, restaurants, apartments)
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Dog bite injuries (depending on the legal theory)
Even if your deadline is five years, waiting still hurts your case because evidence disappears fast.
Call Sansone & Lauber now: 314-863-0500.
The biggest exceptions (shorter deadlines people miss)
1) Wrongful death: 3 years
If someone died because of negligence, Missouri’s wrongful death deadline is generally three (3) years.
This is not a “later” problem. These cases need early investigation.
If your family lost someone, call Sansone & Lauber at 314-863-0500 immediately.
2) Medical malpractice: 2 years (strict rules)
If your injury involves a doctor, hospital, nurse, clinic, dentist, etc., Missouri’s medical malpractice statute generally requires filing within two (2) years from the act of neglect (with specific exceptions listed in the statute).
Medical cases are deadline traps because people often:
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don’t realize malpractice occurred right away, or
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don’t connect their worsening condition to a specific error until later.
If you suspect medical negligence, do not wait—call Sansone & Lauber at 314-863-0500 today.
3) Workers’ compensation (hurt at work): separate deadline
Work injuries often fall under Missouri workers’ compensation rules. Missouri law generally requires a claim be filed within two years (and in certain cases, three years if the employer doesn’t file the required report).
If you’re not sure whether your case is workers’ comp, a third-party negligence case, or both, call Sansone & Lauber at 314-863-0500 to get it sorted quickly.
4) Dangerous sidewalk/street defect in a large city: 90-day written notice
This is one of the most important “don’t wait” rules in Missouri.
Missouri law says no action shall be maintained against certain large Missouri cities (100,000+ population) for injuries from a defect in a street, sidewalk, bridge, boulevard, or thoroughfare unless written notice is given to the mayor within 90 days, with specific details.
If your injury involved a broken sidewalk, pothole, unsafe public walking surface, or roadway defect—this can be urgent.
Call Sansone & Lauber right now: 314-863-0500.
When does the clock start? (simple explanation)
In Missouri, limitations can be tied to when damage is sustained and capable of ascertainment.
Simple rule you can follow safely:
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Treat the accident date as “day one.”
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Act early.
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Let your lawyer confirm the exact deadline based on your facts.
Why waiting hurts your injury case (even if you “have time”)
Insurance companies love one thing: delay. The longer you wait, the easier it is for them to deny, minimize, or blame you.
What disappears quickly
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Video footage (often overwritten within days)
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Witnesses (harder to find; memories fade)
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Accident scenes (repairs, construction, weather changes)
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Vehicle evidence (repairs, totaled cars, lost photos)
That’s why the strongest cases start early.
The sooner you call, the sooner Sansone & Lauber can help you. Call 314-863-0500 now.
What to do right now (quick checklist)
If you were injured by someone else’s negligence:
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Get medical care and follow up (don’t “tough it out”)
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Take photos of injuries and the scene
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Get witness names and numbers
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Save paperwork (bills, discharge papers, prescriptions)
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Don’t give a recorded statement to the other driver’s insurer
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Don’t accept a quick settlement before you know the full medical picture
Then do the most important step:
Call Sansone & Lauber at 314-863-0500 so the firm can protect evidence, handle the insurance company, and confirm your filing deadline.
FAQS
How long do I have to file a personal injury lawsuit in Missouri?
Most cases must be filed within 5 years.
Call Sansone & Lauber at 314-863-0500 to confirm your exact deadline.
How long do I have to sue after a car accident in Missouri?
Many car accident injury cases fall under the 5-year rule.
If you’re hurt, don’t wait—call 314-863-0500 (Sansone & Lauber).
How long do I have to file a wrongful death case in Missouri?
Generally 3 years.
What is the deadline for medical malpractice in Missouri?
Generally 2 years, with specific exceptions written into the statute.
Medical cases move fast—call Sansone & Lauber at 314-863-0500.
I tripped on a broken sidewalk in the city—do I still have 5 years?
Maybe not. For certain large Missouri cities, the law can require written notice to the mayor within 90 days for sidewalk/street defect injuries.
This is urgent: call Sansone & Lauber at 314-863-0500 now.
Does negotiating with insurance extend the deadline?
Not automatically. The safest move is to treat the lawsuit deadline as still running and get legal help early.
What happens if I miss the deadline?
In many situations, missing the deadline can end the case. If you’re close to a deadline, act immediately.
Why choose Sansone & Lauber (and why it matters right now)
Deadlines are only part of the battle. You also need a firm that can move fast, build proof, and force the insurance company to take your injuries seriously.
People choose Sansone & Lauber because:
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Easy to start: The firm offers a free consultation and promotes “No Fee Unless We Win,” so you can get answers without upfront cost.
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Independent credibility: Justia lists attorney Benjamin J. Sansone with a 10/10 rating.
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Peer recognition: Super Lawyers lists Ben Sansone as a top rated Personal Injury attorney in Saint Louis.
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Proven record of major results: Sansone & Lauber publishes a $14.2 million verdict and related case details on its site.
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Firm-stated recognition: The firm states it has been highlighted by Forbes and recognized by U.S. News & World Report.
Most importantly: waiting helps the defense. The sooner you call our personal injury attorneys, the sooner the firm can start protecting your evidence and your case value.
Call Sansone & Lauber Right Now For Help
If you were injured in Missouri and someone else caused it, don’t “wait and see.” Insurance companies count on that. Call Sansone & Lauber now at 314-863-0500 for a free consultation. The sooner you call, the sooner Sansone & Lauber can help you.
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