Missouri’s Personal Injury Statute of Limitations: How a New Bill Could Change the Law
When someone suffers a severe injury due to another party’s negligence, they have a limited timeframe to file a lawsuit and seek compensation. This deadline, known as the statute of limitations, plays a crucial role in personal injury claims, affecting cases involving car accidents, medical malpractice, slip and falls, wrongful death, and more.
Missouri currently has a five-year statute of limitations for most personal injury claims, but that could soon change. House Bill 1734, which recently passed the Missouri House, seeks to reduce this timeframe to two years. If this bill becomes law, injury victims will have far less time to take legal action, making it even more important to consult an attorney as soon as possible.
At Kendall Law Group, we stay informed about legislative changes that impact personal injury victims in Kansas City and across Missouri. Below, we explain how the current statute of limitations works, what changes the new bill proposes, and what this means for injury victims moving forward.
Missouri’s Current Personal Injury Statute of Limitations
Under current Missouri law, individuals injured due to negligence have five years from the date of their injury to file a lawsuit (Missouri Revised Statutes § 516.120). This applies to cases involving:
- Car, truck, and motorcycle accidents
- Pedestrian and bicycle accidents
- Rideshare (Uber/Lyft) accidents
- Slip and fall (premises liability) injuries
- Dog bites
- Medical malpractice
- Wrongful death (three-year deadline instead of five years)
If a lawsuit is not filed within the statute of limitations, the court will likely dismiss the case, and the injured party will lose their right to seek compensation—no matter how strong their claim is.
House Bill 1734: Shortening Missouri’s Personal Injury Lawsuit Deadline
House Bill 1734, sponsored by Rep. Alex Riley, proposes a major reduction to Missouri’s personal injury statute of limitations. If passed, the time to file a personal injury lawsuit would decrease from five years to just two years.
This change would bring Missouri in line with neighboring states like Kansas, where the statute of limitations for personal injury claims is also two years. Supporters of the bill argue that Missouri’s current five-year period is unnecessarily long and that a shorter timeframe will encourage claims to be filed sooner, leading to faster resolutions and less legal uncertainty.
However, critics argue that this change could significantly harm injury victims, particularly those who do not immediately realize the extent of their injuries or those dealing with long-term medical treatment. A shorter deadline could make it harder for victims to gather necessary evidence, obtain medical records, and navigate insurance negotiations before filing a claim.
The bill has passed the Missouri House and is now headed to the Senate for further debate. If it becomes law, anyone injured in Missouri will have only two years to file a lawsuit instead of five.
Exceptions to Missouri’s Statute of Limitations
Even if House Bill 1734 becomes law, certain exceptions may allow injury victims more time to file a lawsuit. These include:
The Discovery Rule
If an injury is not immediately apparent, the statute of limitations may begin when the victim discovers or reasonably should have discovered the injury. This often applies in medical malpractice cases, where surgical errors, misdiagnoses, or medication mistakes may take months or even years to become evident.
Minors and Legally Incapacitated Individuals
If the injured person is under 18 years old or mentally incapacitated at the time of the injury, the statute of limitations does not begin until they turn 18 or regain legal capacity. This means a minor injured in a car accident, slip and fall, or dog attack may have extra time to file a claim.
Fraudulent Concealment
If the at-fault party intentionally hides their wrongdoing, the statute of limitations may be paused until the victim discovers the fraud. This is common in cases involving medical malpractice, corporate negligence, or nursing home abuse.
How House Bill 1734 Could Affect Personal Injury Victims in Missouri
If Missouri reduces the statute of limitations from five years to two years, injury victims will have less time to:
✔ Obtain medical treatment and fully understand the extent of their injuries
✔ Negotiate with insurance companies for a fair settlement
✔ Gather evidence and obtain accident reports, witness statements, and medical records
✔ Find legal representation and build a strong case
A shorter deadline benefits insurance companies, as many injury victims may feel pressured to accept low settlement offers rather than risk missing the filing deadline. Waiting too long to seek legal advice could mean losing your right to compensation entirely.
In addition to these changes, the bill includes an important amendment for survivors of childhood sexual abuse. During the legislative debate, representatives amended the bill to extend the statute of limitations for childhood sexual abuse claims. If passed, survivors will have 20 years after turning 21 or three years from the time they discover their abuse caused an injury or illness, whichever is later to file a lawsuit. This amendment replaces the current 10-year statute, giving survivors more time to seek justice. Lawmakers noted that trauma and other barriers often delay recognition of abuse-related injuries, making it difficult for survivors to come forward within a short timeframe.
Why You Need to Act Fast After an Injury
Even under the current five-year deadline, waiting too long to file a personal injury claim can weaken your case. Evidence disappears, witnesses forget details, and insurance companies become harder to negotiate with overtime. If the statute of limitations is shortened, quick action will become even more critical.
At Kendall Law Group, we move fast to:
🔹 Gather evidence before it disappears
🔹 Secure witness statements while memories are fresh
🔹 Work with medical professionals to document your injuries
🔹 Handle all negotiations with the insurance company so you don’t settle for less than you deserve
If you believe you have a personal injury claim, do not wait. A simple consultation can help you understand your legal options and ensure you do not miss critical deadlines.
Take Action Before Time Runs Out
If you or a loved one has been injured due to someone else’s negligence, time is not on your side. With House Bill 1734 moving forward, the Missouri statute of limitations for personal injury lawsuits could soon be cut from five years to two.
The best way to protect your rights is to act now. If you have questions about your personal injury case, contact Kendall Law Group today for a free consultation. We will review your case, explain your legal options, and help you navigate the legal process.
📞 Call us today to schedule a free case evaluation. (816) 531-3100
Frequently Asked Questions
1. What is the statute of limitations for personal injury cases in Missouri?
Currently, Missouri law allows five years from the date of injury to file a personal injury lawsuit. However, House Bill 1734 seeks to reduce this to two years.
2. How would the new law change personal injury claims?
If passed, injury victims in Missouri would have only two years to file a lawsuit instead of five. This makes acting quickly after an injury more important than ever.
3. Are there any exceptions to the statute of limitations?
Yes. Exceptions include minors, legally incapacitated individuals, cases where the injury was not immediately discoverable, and instances of fraudulent concealment.
4. What happens if I miss the filing deadline?
If you file a lawsuit after the statute of limitations has expired, the court will likely dismiss your case, and you will lose your right to compensation.
5. Why is it important to act quickly after an injury?
Acting quickly ensures that evidence is preserved, witnesses are available, and legal deadlines are met. A shorter statute of limitations means you cannot afford to wait.
Do not risk missing your chance for justice. Call Kendall Law Group today for a free consultation.
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