Why Does the Statute of Limitations Matter In a Personal Injury Case in Missouri

Rogers Office: 117 South 2nd St Rogers, AR 72756 - (888) 465-4969
Joplin Office: 2001 Empire Ave Joplin, MO 64804 - (888) 465-4969
WHY DOES THE STATUTE OF
LIMITATIONS MATTER IN A PERSONAL
INJURY CASE

STATUTE OF LIMITATIONS MATTER1
There are deadlines for filing nearly every
type of civil claim.
This time limit is referred to as the “statute
of limitations.”

If you do not file your lawsuit before the
particular deadline has passed, you will not
be allowed to bring that lawsuit.
If you still file your legal claim after the
deadline, it will likely be dismissed.

HOW THE STATUTE OF LIMITATIONS
PERIOD IS DETERMINED
2
Each statute of limitations period depends
on the type of legal claim you are bringing
and the state law applicable to that claim.

Your Joplin personal injury attorney will make
sure you meet the statute of limitations
period that applies to your particular civil case
if you bring the case to them in time.

THE PURPOSE OF THE STATUTE OF
LIMITATIONS
3
The primary purpose of a statute of
limitations is a practical one. The evidence
that will either support or discredit your
legal claims will likely be destroyed over
time, just as the memories of relevant
witnesses will be less accurate.

In accident cases, for example, the scene is
most often altered over time. Business
records are usually destroyed as a normal
course of business. In order to preserve
evidence, it is important to bring your lawsuit
as soon as possible.

TOLLING" OF THE STATUTE OF
LIMITATIONS
4
Many jurisdictions "toll" or suspend the
limitation period in special situations. For
instance, if the injured party is a minor or if
bankruptcy proceedings are involved.

In those situations, the running of the
limitations period is paused or tolled until
the special situation ends.

Equitable tolling can be applied for
individuals who were intimated into not
bringing the claim or who relied upon a
promise that the period would be
suspended.
In those case, it would be unfair or
inequitable not to toll the period.

WHAT IS THE DISCOVERY RULE?5
The discovery rule also tolls or suspends the
statute of limitations until an injury is or
should have been discovered, depending on
the situation.

The way the discovery rule works is that it
effectively changes when the statute of
limitations begins to run. In those types of
cases, the cause of the injury or death is not
always apparent when it first occurs, due to
the nature of the injury itself. So, the statute
of limitations period doesn’t start until the
injury is discovered or reasonably should have
been discovered.

Not every state applies the discovery rule
the same way, depending on the injury and
other circumstances.

ARKANSAS STATUTE OF LIMITATIONS
FOR VARIOUS CLAIMS
6
In Arkansas, most claims must be filed
within three years, including personal
injury, injury to property, and libel.

On the other hand, the statute of limitations
for slander is one year.
Written contracts have a five-year statute of
limitations and there is a 10-year statute of
limitations for collecting judgments.

Arkansas recognizes the “discovery”
exception for situations where you could
not have discovered your injury until some
later time.

MISSOURI STATUTE OF LIMITATIONS
FOR PERSONAL INJURY CLAIMS
7
In Missouri, plaintiffs have two years to file
a lawsuit for personal injury, defamation,
and medical malpractice.

The discovery statute can also apply in
Missouri, for a maximum of 10 years from the
date of injury. Claims for injury to property,
trespassing, and enforcement of written
contracts are subject to a five-year statute of
limitation. Claims of fraud, rent collection,
debt collection, and judgments are all
governed by a 10-year-statute of limitation.

DEADLINES FOR FILING WRONGFUL
DEATH CLAIMS
8
Like all other legal claims, there is a deadline for
filing a wrongful death lawsuit, which differs from
state to state. This deadline or time limit is
commonly referred to as the "statute of
limitations."

In both Missouri and Arkansas, the statute
of limitations for a wrongful death action is
three (3) years.

CLAIMS AGAINST THE GOVERNMENT9
Arkansas has different rules when a claim is
brought against a government entity.
In those cases, the statute of limitations period is
five (5) years.

Likewise, in Missouri, an injury claim against
a state entity must be filed with the Office
of Administration's Risk Management
Division, within 90 days of the injury.

It is wise to seek the assistance of a Joplin
personal injury attorney if you have a claim
against a government entity.

CONTACT US!

If you have questions regarding applicable
statute of limitations for your claim or any
other personal injury concerns in Arkansas
or Missouri, please contact the Cottrell Law
Office for a consultation, either online or by
calling us as (800) 364-8305

OR
Click to visit:
www.cottrelllawoffice.com
Call us
(For a Free Consultation)
800-364-8305
Content provided by Best Legal Practices

Why Does the Statute of Limitations Matter In a Personal Injury Case in Missouri

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