In Missouri, the statute of limitations for car accident claims and lawsuits is five years. This means that ordinarily, you have five years from the date of the accident to file a lawsuit for personal injuries or property damage. Failing to file within this timeframe will likely result in losing your right to seek compensation.
If you sustained injuries in a recent car crash that a negligent driver caused, a skilled Missouri car accident lawyer will file your claim or lawsuit in a timely manner. They can then begin pursuing the compensation you deserve for your injuries, property damage, and other losses. Your lawyer can also represent you during settlement negotiations or legal proceedings throughout every stage of the process.
Common Types of Missouri Car Accidents
In Missouri, crashes are often due to driver negligence, which can take many different forms. The most common categories of these accidents include:
- Rear-End Collisions – These accidents happen when one vehicle crashes into the back of another. They are often due to distracted driving, such as texting, eating, or simply not paying attention to traffic. Tailgating, or following too closely behind another car, is another major cause of rear-end collisions. Drivers who fail to maintain a safe distance or stop in time can be held responsible.
- T-Bone Accidents – Also known as side-impact collisions, T-bone crashes usually occur at intersections when a driver runs a red light or stop sign. The negligent driver strikes the side of another vehicle, often at high speeds. This type of accident can lead to serious injuries because the sides of vehicles offer less protection than the front or back.
- Head-On Collisions – Head-on crashes happen when two vehicles collide front-to-front, often because one driver drifts into oncoming traffic. This type of crash is frequently the result of drunk driving, fatigue, or distracted driving. Head-on collisions are some of the deadliest car accidents due to the combined force of both vehicles.
- Sideswipe Accidents – Sideswipe collisions occur when two vehicles traveling in the same direction brush against each other. These accidents are usually due to drivers failing to check blind spots before changing lanes or veering out of their lanes. While they are sometimes minor, sideswipes can lead to serious accidents, especially at high speeds.
- Single-Vehicle Accidents – Sometimes, a car accident involves only one vehicle. These crashes can happen when a driver loses control due to speeding, drunk driving, or distracted driving. Common causes include running off the road, hitting a stationary object like a tree or guardrail, or rolling over. Weather conditions like ice or rain can also play a role in single-vehicle accidents, but driver error is often the main factor. If a passenger is injured in one of these crashes, they may file a claim with the at-fault driver’s insurer.
Injuries in Missouri Car Crashes
Car crashes in Missouri can lead to a variety of physical and mental injuries, varying in severity and often having lasting effects on a victim’s health.
Common Physical Injuries
- Whiplash – One of the most common injuries from car accidents, whiplash occurs when the neck suddenly jerks forward and backward, straining the muscles and ligaments. Whiplash is common in rear-end collisions and can lead to neck pain, stiffness, and headaches.
- Broken Bones – The force of a car crash can easily lead to broken bones, particularly in the arms, legs, ribs, and collarbone. Severe fractures may require surgery or long-term physical therapy to heal properly.
- Head Injuries – Traumatic brain injuries (TBIs) can result from a blow to the head during a car crash. TBIs range from concussions to more serious brain damage, which can affect memory, concentration, and personality. All TBIs should be treated seriously because they can have long-term effects on a person’s health.
- Spinal Cord Injuries – Injuries to the spine are some of the most severe and can lead to partial or complete paralysis. These injuries often require extensive medical treatment, including surgery and rehabilitation, and may leave a person permanently disabled.
- Internal Injuries – The impact of a car crash can cause damage to internal organs such as the liver, kidneys, or lungs or lead to internal bleeding.
Common Mental and Emotional Injuries
- Post-Traumatic Stress Disorder (PTSD) – Many car accident victims experience PTSD, a mental health condition that can cause flashbacks, nightmares, and severe anxiety. PTSD can make it difficult for victims to return to normal activities, such as driving or riding in a car.
- Anxiety and Depression – Following a serious collision, victims may develop anxiety or depression. Fear of driving, mood swings, or feeling hopeless are common symptoms. These mental health issues can affect a person’s relationships, work, and overall quality of life.
- Emotional Distress – In addition to physical injuries, victims often suffer from emotional distress, including feelings of shock, fear, or helplessness. Emotional distress can be debilitating and may require therapy to overcome.
The Car Accident Statute of Limitations in Missouri
In Missouri, the statute of limitations for filing a car collision lawsuit is generally five years, meaning that if you are involved in a car crash, you have five years from the date of the accident to file a lawsuit in civil court for damages. This includes claims for personal injuries, property damage, and other losses. If you do not file your claim within this time frame, you can lose your right to seek compensation.
What Can Happen If You Miss the Statute of Limitations?
If you miss the statute of limitations, the court will most likely dismiss your case, which means that even if you have a valid claim and suffered serious injuries, you will be barred from recovering any compensation for your medical bills, lost income, property damage, or pain and suffering. In most cases, the defendant (the person you are suing) will file a motion to dismiss the case because it was filed too late, and the court will grant the dismissal, which can leave accident victims without any legal options to recover the financial losses the accident caused.
Insurance companies are aware of the statute of limitations and may refuse to settle claims that are filed after the deadline. Even if you try to negotiate with the at-fault driver’s insurance company, they will likely reject your claim if you are outside the five-year window.
Limited Exceptions to the Statute of Limitations
While the five-year rule is strict, there are some exceptions that can extend the statute of limitations in certain cases:
- Discovery Rule – In some situations, the injured party may not realize they have been injured immediately after the accident. If they discover the injuries or damages later, the statute of limitations may start from the date the injury was discovered rather than the date of the accident.
- Minors – If the person injured in the car accident is a minor (under the age of eighteen), the statute of limitations is “tolled” (paused) until the minor turns twenty-one, which means they have until their twenty-first birthday, plus five years, to file a lawsuit.
- Mentally Incapacitated – If the injured person is mentally incapacitated at the time of the accident, the statute of limitations may be extended until they are considered legally competent to file a lawsuit.
These exceptions rare and specific to certain situations. It’s always a good idea to consult with an experienced Missouri car accident attorney to make sure you file your claim within the proper time frame and understand if any exceptions may apply to your case.
Steps of Litigating a Car Accident Case in Missouri
Litigating a car accident case in Missouri involves several important steps. If you have suffered an injury in a car collision and are seeking compensation, it is important to understand the process so that you can be prepared.
- Initial Consultation and Investigation – The first step is to meet with a personal injury attorney who is experienced in dealing with car accident cases. During the consultation, you will discuss the details of the accident, your injuries, and potential compensation. Your lawyer will investigate the accident, gather evidence, and determine if you have a valid case. This investigation may include reviewing police reports, talking to witnesses, and obtaining medical records.
- Filing a Complaint – If your attorney believes you have a strong case, they will file a complaint in civil court. The complaint is the official document that starts the lawsuit. It outlines the facts of the accident, the injuries you sustained, and the compensation you are seeking. The defendant will be served with a copy of the complaint and has a set period of time to respond.
- Discovery Phase – Once the lawsuit is filed, both parties enter the discovery phase. Discovery is when both sides exchange information related to the case. Discovery can include depositions (formal interviews under oath), written questions (called interrogatories), and requests for documents such as medical records, insurance policies, and evidence from the crash. The discovery phase helps both sides gather the information they need to build their case.
- Settlement Negotiations – Before going to trial, both parties will likely attempt to settle the case through negotiations. Many car accident cases settle out of court because settling out of court saves time and legal expenses. Your attorney will negotiate with the defendant’s insurance company to try to reach a fair settlement. If a settlement is agreed upon, the case ends here.
- Trial – If the parties cannot reach a settlement, the case will go to trial. During the trial, both sides will present their evidence and arguments to a judge or jury. Witnesses, including accident experts and medical professionals, may testify. The judge or jury will then decide whether the defendant was at fault and determine how much compensation you are entitled to receive.
- Appeal – If one side is unhappy with the trial’s outcome, they may file an appeal, which is a request for a higher court to review the case for errors in the trial proceedings.
Litigating a car accident case in Missouri can be a long process, but with the right legal support, you can increase your chances of receiving fair compensation.
Damages in Missouri Car Accident Cases
If you suffered an injury in a car accident in Missouri due to another driver’s negligence, you may be entitled to compensation. The compensation is meant to help you recover from the financial, physical, and emotional toll of the accident. The most common losses for which you can recover compensation include:
- Medical Expenses – One of the most significant losses for which you can recover compensation is your medical expenses, including both past and future medical costs related to the collision. Medical expenses can cover doctor visits, hospital stays, surgeries, physical therapy, medications, and any other treatments you may need. If your injuries require ongoing care, you may also be compensated for future medical bills.
- Lost income – If your injuries prevent you from working, you can seek compensation for lost earnings, which includes the income you have already lost while recovering, as well as any future earnings you may miss if you are unable to return to work or can only work in a limited capacity. In cases where your injuries are so severe that you are permanently unable to work, you may be entitled to compensation for lost earning potential.
- Property Damage – Car crashes often result in damage to your vehicle and other personal property. You can recover compensation to repair or replace your car, as well as any other belongings that were damaged in the crash, such as electronics or clothing. If your car is totaled, you may receive the fair market value of the vehicle at the time of the accident.
- Pain and Suffering – In addition to economic damages, you can also seek compensation for pain and suffering. This compensation is meant to cover the physical pain and emotional distress the crash caused. While it can be difficult to calculate, pain and suffering awards can significantly increase the amount of compensation you receive, especially if your injuries are severe or long-lasting.
- Loss of Consortium – If your injuries negatively affect your relationship with your spouse or family, you can seek compensation for loss of consortium, which covers the emotional toll your injuries take on your loved ones and the loss of companionship, affection, or support they experience.
In Missouri, the compensation you can receive is designed to help victims of car accidents recover from their injuries and regain their quality of life. A skilled personal injury lawyer can pursue the full compensation to which you are entitled.
Call an Experienced Missouri Car Accident Lawyer Today
If you sustained injuries in a Missouri car crash, a skilled car accident attorney will be sure to file your claim or lawsuit in a timely manner. They can then handle every step of the process for you, from representing you during settlement negotiations to litigating your case in court, if necessary. Your personal injury lawyer will do everything possible to maximize your overall compensation award.
