Missouri personal injury law, what you need to know
Statute of limitations
Under RSMo § 516.120, you generally have 5 years from the date of injury to file a personal injury lawsuit in Missouri. Medical malpractice claims follow RSMo § 516.105 with a 2-year limit. Missing these deadlines typically bars your claim entirely.
Pure comparative fault
Missouri follows a pure comparative fault rule. Even if you were partially at fault for the accident, you can still recover damages, reduced by your percentage of fault. For example, if you were 20% at fault and damages are $100,000, you recover $80,000.
Minimum insurance requirements
Missouri requires drivers to carry minimum liability coverage of $25,000 per person / $50,000 per accident / $25,000 for property damage. Many injury claims exceed these minimums, making uninsured/underinsured motorist coverage critical.
Damage caps
Missouri does not cap compensatory damages in most personal injury cases. Medical malpractice cases have limits on non-economic damages under RSMo § 538.210.
Personal injury FAQ
Answers to the questions we hear most often from injury victims across Missouri.
Nothing upfront. We work on a contingency fee basis -- our fee is a percentage of what we recover for you, and only if we win. If we do not recover anything, you owe us nothing at all.
Five years for most personal injury claims under RSMo 516.120. Medical malpractice is two years under RSMo 516.105. Wrongful death is three years under RSMo 537.100. Claims against government entities may have notice requirements as short as 90 days.
Yes. Missouri follows pure comparative fault. Your compensation is reduced by your percentage of fault but not eliminated. Even if you were 40 percent at fault and your damages are $100,000, you recover $60,000.
Straightforward cases often settle within six to twelve months. Cases involving disputed liability or severe injuries can take 18 to 36 months. Cases that go to trial take longer. We give every client a realistic timeline after reviewing their specific facts.
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