My child was injured, how long does she have to bring a personal injury claim?

In Missouri, personal injury claims typically have a five-year statute of limitations.  This means that an individual is required to file a lawsuit against the at-fault party within five years of the date of incident, or else they will be forever barred from filing a lawsuit against the at-fault party thereafter.

However, when it comes to children, Missouri provides an exception.  Missouri law states that when a child is injured due to the negligence of another party, the child’s statute of limitations is “tolled” until the child reaches the age of twenty-one years.   See RSMo. § 516.170.  In other words, the child’s statute of limitations will not begin to run until the child turns twenty-one years old.  It’s also important to note that if the child’s claim arises from medical negligence/medical malpractice, Missouri law has only a two-year statute of limitations, which begins to run when the child turns eighteen years old.  See RSMo. § 516.105.

Although your child may have many years to pursue a personal injury claim under Missouri year, waiting until your child turns twenty-one years old is usually not the best option.  For one, there are often exceptions to the general statutes of limitations mentioned above.  By waiting until your child is an adult, she may inadvertently miss her deadline to pursue a personal injury claim.  Second, evidence regarding the injury claim is often much easier to obtain the earlier an attorney is able get involved.  Witnesses’ memories fade, documents are lost, and electronic date may be inadvertently destroyed.  Finally, personal injury claims can often take many years to prosecute from start to finish.  Allowing an attorney to start the process earlier results in financial compensation to your child faster.

At The A.W. Smith Law Firm, our attorneys are experienced in evaluating and prosecuting personal injury claims involving children/minors.  As such, if your child has been injured due to the acts of another party, please reach out to our firm to determine your child’s legal rights, including how long she has to pursue an injury claim.