What is the personal injury statute of limitations in Missouri?
1. General Personal Injury
Mo. Rev. Stat. § 516.120(4) imposes a 5-year SOL for personal injury and other tort claims, one of the longest in the country.
2. Wrongful Death
Mo. Rev. Stat. § 537.100 imposes a 3-year SOL for wrongful death, running from the date of death.
3. Medical Malpractice
Mo. Rev. Stat. § 516.105 imposes a 2-year SOL for health care providers, with a 10-year statute of repose. Minors under 10 have until age 12; foreign-object cases have 2 years from discovery.
4. Discovery Rule
Missouri applies the discovery rule under § 516.100, holding that a cause of action accrues when damage is "sustained and capable of ascertainment."
5. Minor / Disability Tolling
Mo. Rev. Stat. § 516.170 tolls limitations during minority and mental incapacity; plaintiff has the SOL period after disability ends (subject to medical malpractice repose).
6. Government Defendant
The Missouri sovereign immunity statute (§ 537.600) waives immunity for motor vehicle and dangerous condition claims. Notice within 90 days is required for cities under § 82.210 and § 71.185. Damages capped under § 537.610.
7. Product Liability
Subject to the 5-year SOL under § 516.120; Missouri does not have a general products statute of repose.
8. Equitable Tolling / Fraudulent Concealment
Mo. Rev. Stat. § 516.280 tolls SOL when a defendant has fraudulently concealed the cause of action.
9. Borrowing Statute
Mo. Rev. Stat. § 516.190 borrows the SOL of the state where the cause of action originated when shorter than Missouri's.
This is legal information, not legal advice.
- Your claim is against a Missouri municipality with a 90-day notice requirement
- Medical malpractice approaching the 10-year repose
- Out-of-state injuries where the borrowing statute may shorten the SOL
- Mo. Rev. Stat. § 516.120
- Mo. Rev. Stat. § 516.105
- Mo. Rev. Stat. § 537.600
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.