Missouri's personal injury statute of limitations
Most Florissant crash claims run on a five-year clock. A few situations run differently.
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Missouri statute 516.120 sets the deadline for most car accident injury claims. Count five years off the crash date; that marks the filing boundary for most injury suits here. Few states leave a window that wide. A few situations shift the count, and the sections below take each one in turn.
Five years, for most Florissant crash claims
An ordinary injury claim from a car wreck runs on the five-year clock. The count opens on the crash date. Finishing treatment later, or waiting out an insurer’s final offer, moves nothing. Treatment, work, and daily life refill the calendar quickly, and the boundary ends up closer than it looks.
Three years, not five, if the crash proves fatal
A death changes the math. Fatal-crash claims run on their own clock: Missouri statute 537.100 allows a family three years. That’s a shorter window running on a separate track from an ordinary injury claim, and the two should never be treated as the same deadline. The wrongful death page categorizes who the statute lets file and what the claim can reach.
Government defendants bring an extra hoop
Wrecks with city or county vehicles can carry notice requirements that sit outside the standard filing statute. Public entities in Missouri sometimes require an early notice of claim, separate from the lawsuit deadline itself, before a case against them can move forward. If a government vehicle was involved in your crash, treat that fact as a reason to move early.
A few situations pause or shorten the clock
Some circumstances change how the standard count runs, depending on who’s involved and what kind of defendant is named. Those situations are fact-specific enough that a general guide can’t sort them out for you. If anything about your crash feels unusual, get that question answered early instead of assuming the standard five years applies without exception.
Don’t wait on the deadline to start building your claim
A long filing window doesn’t mean the practical work can wait. The what-to-do guide summarizes the steps that protect a claim early, and the case-worth guide categorizes what actually goes into a number worth pursuing before that clock runs out.
Common questions
Does the five-year window apply no matter how the crash happened?
For ordinary negligence claims like car wrecks, yes. Some other injury types carry their own separate deadlines under Missouri law, so the clock isn't automatically five years for every kind of claim.
What happens if I miss the deadline?
A court can dismiss the case outright, no matter how strong the underlying facts are. Once the window closes, it generally closes for good.
Should I wait until my treatment is finished to think about the deadline?
No. Treatment can run well past the point where a claim should already be underway. Track both on separate timelines instead of letting one wait on the other.
Does the deadline change if the insurance company is still negotiating with me?
No. An open negotiation doesn't pause the clock. If talks stall past the deadline with nothing filed, the claim can be lost regardless of how close you were to a deal.
What if a city or county vehicle was involved in my crash?
The same five-year filing clock still applies, but public entities in Missouri can require an early notice of claim before a lawsuit moves forward. That's a separate, earlier step, and missing it can hurt the case before the main deadline ever arrives.
The insurer already opened a claim number for me. Does that protect my deadline?
No. A claim number only means the insurer started a file, not that any time is set aside for you. Only filing a lawsuit stops the five-year clock, and an insurer can keep a file open long past that date without ever saying so.
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