You will experience physical pain, and you’ll have to deal the frustration that comes with dealing with insurance companies. You should be aware that personal injury claims have certain limitations if you’re considering suing your insurance company.
Statute of Limitation
The statute of limitation is the time limit a person must wait before suing another person or company for negligence. In Missouri, the statute of limitations is five years for personal injury claims. This is a longer statute of limitations than most other states.
You have only three years if you lost a loved on in an accident to bring a claim for wrongful death. The clock begins to tick on the date the accident occurred, not the date the person died.
It is not always clear when the statute of limitation applies. Personal injuries may not be immediately obvious. There are exceptions to these rules. In an injury case, it is important to work with a Jefferson City personal injury attorney. If you need an extension, they can advocate on your behalf.
It’s important to know the exceptions to statutes of limitation.
The victim was a minor
Show Me State prohibits anyone under the age of 18 from filing a lawsuit. Parents of minors can still file on behalf of their child. After turning 21, the victim has two years to file a suit against the person who caused his or her injuries.
The victim was mentally incapacitated
In Missouri, people with mental incapacity are not allowed to file a lawsuit. A guardian can file suit on behalf of the mentally incapacitated. Mental incapacity can be temporary. If someone recovers, and the court declares them competent, then they have three years to file a lawsuit from the date of the declaration.
When a Negligent Person Leaves State
The statute of limitations for a lawsuit is paused if the person who caused your injuries leaves the State. This will continue until the person returns to the State. This exception is confusing. Imagine that an uninsured motorist injures your body and leaves the state a year later. The clock starts ticking at the time of the accident but stops when the driver leaves the state. You would have four full years to sue if they returned to their home state.
Limits on Non-Economic damages
In many cases, people who are severely injured by an accident will ask for non-economic damage in a lawsuit. Also known as pain and suffering compensation, this is a type of non-economic damages. In many states, the amount of compensation a victim can receive for pain and suffering is limited.
In Missouri, a person’s maximum non-economic damages award is $400,000 for injuries that are not catastrophic and $700,000. If the injuries are catastrophic or cause death, then the amount can be increased to $700,000. Over the years, caps have increased. Civil rights groups try to overturn the limits, but the medical community has a powerful voice.
Limitations on Wrongful death
Losing a loved one is traumatic, especially if the death was untimely or caused by negligence.
A wrongful death suit has certain limitations. A wrongful death lawsuit can be filed by the decedent’s spouse, parents, or children. The grandchildren of the deceased can file a lawsuit if the children have died. You can file a wrongful death lawsuit against an individual or a company. You can receive damages for household services and lost income. You may also be entitled to compensation for emotional pain and suffering and loss of companionship.
How to Choose an Attorney
Missouri has a number of personal injury lawyers. Choose an attorney with many years’ experience and who can give you references.