If you get hurt because of another party’s negligence, you have the right to hold them financially accountable for all resulting damages. The personal injury claims process is complicated, though, and there are certain regulations you must follow to secure a payout. For example, every state has a statute of limitations, which establishes strict deadlines for filing formal lawsuits. Here, The Law Office of Christopher J. Swatosh explains what those deadlines are in Missouri.
In most Missouri personal injury claims, injured parties have five years from the date of the incident to bring their case to trial. If they fail to file a formal suit before this deadline has passed, the court will simply dismiss the claim, and they will lose the chance to recover any compensation whatsoever.
Five years may seem like a considerable amount of time, but it can pass relatively quickly, especially after sustaining catastrophic injuries. For example, you might spend two to three years rehabilitating before you even begin the claims process. Then, the insurance adjuster may be uncooperative, thereby dragging out the negotiations for another one to two years. Before you know it, five years have passed and you cannot bring the liable party to court after failing to reach a settlement. For this reason, it is wise to call an attorney as soon as possible following a devastating accident.
There are several exceptions to the five-year statute of limitations. For example, if your injuries were the result of medical malpractice, you typically have just two years to bring a formal suit against any negligent health care providers. Naming a government entity in the case will also shorten the deadline considerably. Typically, plaintiffs who want to sue the government have just 90 days to file a formal claim.
On the other hand, there are certain scenarios in which the deadline can be extended. For example, the discovery rule essentially states that the “clock” does not start until the date on which the victim learned—or should have learned—about the liable party’s role in the accident.
If you want to file a personal injury lawsuit in Missouri, turn to The Law Office of Christopher J. Swatosh. With offices in Ava and Ozark, this seasoned auto accident attorney has more than two decades of experience helping accident victims recover the compensation they deserve. He has won millions of dollars on behalf of his clients because of his tenacious approach to negotiations and his commitment to excellence. To request an initial consultation with this personal injury lawyer, visit his website or call (417) 683-2987 for Ava or (417) 582-5297 to reach his Ozark office.