Missouri provides the statute which defines what the claims are and how long the person has to file a lawsuit. This is to protect the person from being barred to file a claim because of the statute of limitations. The statute of limitations refers to the deadline to file a personal injury cliam. When dealing with the car accident case, the statute of limitations begins the date of the collision. In the State of Missouri, the statute of limitations for a car collision is five years from the date of the incident. A person could find out about the Columbia, MO car accident statute of limitations online.
Following a motor vehicle collision, it is best to speak to a skilled car accident attorney to learn about the statute of limitations to file a personal injury claim. If the claim is not filed within the deadline, injured claimants may be ineligible to recover compensation from the responsible party.
There are different statutes of limitations for different types of cases in Columbia. For example, if a person has a claim against a medical provider for negligence or malpractice, the statute of limitations for medical negligence is two years from the date of the alleged negligent act.
If a person’s negligence results in a death, then that individual’s beneficiaries have three years from the date of that individual’s death and not from the date of the negligent act. If the negligent act caused the death of their loved one, they have three years from the date of death to bring a wrongful death action.
Other types of personal injury are the result of the negligence acts of others, such as a slip and fall on another person’s premises, a dog bite, or a motor vehicle collision. Those are five years from the date of such an incident.
In the State of Missouri, as long as the person files their petition, their cause of action, within the prescribed Columbia statute of limitations, it does not matter when the trial is. If a case is dismissed without prejudice, people have one year from that dismissal to re-file, even if they are beyond the statute of limitations.
The trial may go beyond the Columbia car accident statute of limitations as long as the person filed the claim originally within the prescribed statute. A person should try to file their claim well within the statute of limitations to keep the evidence and witness recollection as fresh as possible. This is so that the trial proceeds in an expedited manner and any special allowances are not made for trials that extend beyond the statute of limitations.
It is recommended that someone seek help from an experienced Columbia car accident lawyer when dealing with the statute of limitations. Often when a person is harmed in an automobile collision, they may not recognize the severity and extent of their injury. Sometimes they think that they do not have a claim because of some unique facts and circumstances, so they put off contacting an attorney.
When they do contact an attorney, it is far beyond the date of the car collision. Witnesses’ recollections are not as fresh. Particular evidence may have been lost. Time is of the essence for a car accident claim. It is important that a person contact an attorney to make sure that they are aware of the Columbia car accident statute of limitations and collecting the evidence to proceed in a claim. Schedule a consultation today.
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